LAND LAW NOTES

QUESTION PAPER -1

1. Explain the welfare concept of land acquisition act?

Certainly! Here's an expanded explanation of the welfare concept of the
Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 (LARR Act, 2013), incorporating
relevant sections and case laws:
Welfare Concept of the Land Acquisition Act, 2013

The LARR Act, 2013 was enacted to replace the colonial-era Land
Acquisition Act of 1894, aiming to provide a more humane, transparent,
and equitable framework for land acquisition. It emphasizes the welfare of
affected families by ensuring fair compensation, rehabilitation, and
resettlement.
1. Fair Compensation
Section 26: Determination of Compensation

- Market Value: The average of the highest sale prices of similar land in
the vicinity during the last three years.
- Multiplier: A factor up to 2 times the market value for rural areas and 1
time for urban areas.
- Solatium: A payment of 100% of the market value as compensation for
the distress caused by the acquisition.
Section 28: Additional Considerations
This section mandates the inclusion of:

- Damage to Standing Crops and Trees: Compensation for any damage

caused to crops or trees during the acquisition process.
- Loss of Profits: Compensation for the loss of profits from the land
between the time of publication of the declaration under Section 19 and
the time of taking possession.
- Other Grounds: Any other factors that may be in the interest of equity,
justice, and beneficial to the affected families.
Case Law: In the case of Abdul Gafoor vs Union Of India (2024), the
Supreme Court held that the provisions of the LARR Act, 2013, including
those related to compensation, rehabilitation, and resettlement, apply to
acquisitions under the National Highways Act, 1956, ensuring that
affected families receive the benefits stipulated under the LARR Act.
2. Rehabilitation and Resettlement (R&R)
Section 3(i): Definition of Affected Families
An "affected family" includes:
- Families whose land or immovable property has been acquired.
- Families dependent on the land for their livelihood, including agricultural
laborers, tenants, and share-croppers.
- Scheduled Tribes and other traditional forest dwellers who have lost their
forest rights due to land acquisition.
Chapter V: Rehabilitation and Resettlement
This chapter outlines the provisions for:
- Alternative Housing: Provision of a house with a minimum area of 50
square meters.
- Employment Opportunities: Employment for a family member or a one-
time payment.
- Annuity: A monthly annuity for 20 years, with adjustments for inflation.
- Infrastructure Development: Development of basic amenities like
schools, healthcare facilities, and roads in resettlement areas.
Case Law: In Rampal Singh And Others v. National Highway Authority of
India (2024), the Allahabad High Court directed the competent authority
to examine claims related to rehabilitation and resettlement and declare
awards accordingly, emphasizing the importance of implementing R&R
provisions under the LARR Act.
3. Social Impact Assessment (SIA)
Section 4: Social Impact Assessment Study
Before any major land acquisition, an SIA must be conducted to:
- Assess whether the proposed acquisition serves a public purpose.
- Estimate the number of families likely to be displaced.
- Evaluate the extent of land and properties affected.
- Determine if the land proposed for acquisition is the minimum required
for the project.
- Explore alternative sites for the project.

Case Law: In Asha Ram vs The State Of Madhya Pradesh (2021), the
Madhya Pradesh High Court emphasized the importance of adhering to
the mandatory requirements of the LARR Act, including conducting an SIA,
to ensure that the rights of affected families are protected.
4. Consent Clause
Section 2(1): Definition of Public Purpose
The Act defines "public purpose" to include:
- Projects involving national security.
- Infrastructure projects like roads, railways, and irrigation.
- Projects for housing for the poor and landless.
Section 105: Application of the Act to Special Enactments
This section allows the provisions of the LARR Act to apply to acquisitions
under special enactments, such as the National Highways Act, 1956,
ensuring that affected families receive the benefits of the LARR Act.
Case Law: In Abdul Gafoor vs Union Of India (2024), the Supreme Court
held that the provisions of the LARR Act, including those related to
compensation, rehabilitation, and resettlement, apply to acquisitions
under the National Highways Act, 1956, ensuring that affected families
receive the benefits stipulated under the LARR Act.
5. Safeguards for Vulnerable Groups
The LARR Act includes specific provisions to protect the rights of
vulnerable groups:
- Scheduled Castes and Scheduled Tribes: Ensuring their rights are
protected during the acquisition process.
- Forest Rights Holders: Recognizing and protecting the rights of traditional
forest dwellers.
- Urban Poor: Providing support to families residing in urban areas whose
livelihoods are affected by the acquisition.
Case Law: In Rampal Singh And Others v. National Highway Authority of
India (2024), the Allahabad High Court directed the competent authority
to examine claims related to rehabilitation and resettlement, emphasizing
the importance of implementing R&R provisions under the LARR Act.
Conclusion
The welfare concept of the LARR Act, 2013, is centered on ensuring that
development projects do not come at the cost of the livelihoods and well-
being of affected families. By providing fair compensation, comprehensive
rehabilitation and resettlement, and safeguarding the rights of vulnerable
groups, the Act aims to make development inclusive and just. The
incorporation of case laws further underscores the judiciary's commitment
to upholding the principles of equity, justice, and welfare in land
acquisition processes.

2. Discuss the procedure to acquire land under LA Act?

Procedure for Land Acquisition under the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act,
2013 (LARR Act, 2013)

The LARR Act, 2013 establishes a comprehensive framework for land

acquisition in India, emphasizing transparency, fairness, and the welfare
of affected families. This procedural guide outlines the steps involved in
land acquisition under the Act, supported by relevant sections and case
laws.
1. Preliminary Notification
Section 11: The acquisition process begins with the issuance of a
preliminary notification by the appropriate government, indicating its
intention to acquire land for a public purpose.
Section 15: This notification must be published in the official gazette, a
local newspaper, and posted at conspicuous places in the affected area.
Case Law: In Vithal Rao and Anr. v. Special Land Acquisition Officer (2017),
the Supreme Court emphasized that the market value of land under
acquisition must be determined as of the date of publication of the
preliminary notification under Section 4 of the Land Acquisition Act, 1894,
as the dates of notifications under Sections 6 and 9 are irrelevant.
2. Social Impact Assessment (SIA)
Section 4: A Social Impact Assessment is conducted to evaluate the
potential effects of the proposed acquisition on the affected families and
communities.
Section 5: The SIA report is then placed before the appropriate
government for review and decision-making.
Case Law: In Dinesh and Others v. State of Madhya Pradesh (2024), the
Supreme Court held that the landowner's right to make objections under
Section 15 of the LARR Act is akin to a fundamental right. Non-compliance
with this mandatory requirement vitiates the land acquisition process.
3. Declaration of Acquisition
Section 19: If the government decides to proceed after reviewing the SIA
report, it issues a declaration of acquisition, confirming the intent to
acquire the land.
Section 20: This declaration must be published in the official gazette, a
local newspaper, and posted at conspicuous places in the affected area.
4. Hearing of Objections
Section 29: Affected individuals have the right to file objections to the
proposed acquisition within 30 days of the declaration.
Section 30: The Collector is required to hear and consider these objections
before proceeding further.
Case Law: In Dinesh and Others v. State of Madhya Pradesh (2024), the
Supreme Court emphasized that the hearing of objections is a sacrosanct
act treated akin to a fundamental right. Non-compliance with this
mandatory requirement vitiates the acquisition.
5. Determination of Compensation
Section 26: The Collector determines the compensation to be paid to the
affected families, considering factors such as market value, solatium, and
rehabilitation entitlements.
Section 27: The compensation amount is calculated and finalized by the
Collector.
Case Law: In Chimanlal Hargovinddas v. Special Land Acquisition Officer,
Poona (1988), the Supreme Court laid down principles for determining the
market value of land under acquisition, emphasizing that the market value
must be determined as of the date of publication of the notification under
Section 4 of the Land Acquisition Act, 1894.
6. Award of Compensation
Section 30: The Collector issues an award specifying the compensation
amount and the manner of its payment.
Section 31: Affected individuals are notified of the award and provided
with the compensation as determined.
7. Taking Possession of Land
Section 38: Once compensation is paid, the Collector takes possession of
the acquired land on behalf of the government.
8. Rehabilitation and Resettlement
Chapter V: Affected families are provided with rehabilitation and
resettlement packages, including alternative housing, employment
opportunities, and other support measures.
9. Lapse of Acquisition Proceedings
Section 24(2): If an award has been made five years or more prior to the
commencement of the LARR Act, 2013, and either compensation has not
been paid or possession has not been taken, the acquisition proceedings
shall be deemed to have lapsed.
Case Law: In Tamil Nadu Housing Board v. Igate Global Solutions Limited
(2016), the Madras High Court clarified the disjunctive application of
Section 24(2) of the LARR Act, 2013, stating that if either compensation
has not been paid or possession has not been taken, the acquisition
proceedings shall lapse.
Conclusion
The LARR Act, 2013 establishes a structured and transparent process for
land acquisition, ensuring that the rights of affected families are protected
and that they receive fair compensation and rehabilitation. Compliance
with the procedural requirements, as outlined in the Act and supported by
judicial interpretations, is essential for the validity of the acquisition
process. The cases discussed herein underscore the judiciary's
commitment to upholding the principles of fairness and justice in land
acquisition proceedings.

3.Explain the provision relating to the establishment of land

acquisition, rehabilitation and resettlement authority?
Establishment of the Land Acquisition, Rehabilitation, and Resettlement
Authority under the LARR Act, 2013
Introduction
The Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 (LARR Act, 2013), enacted to
replace the colonial-era Land Acquisition Act of 1894, introduced
significant reforms in land acquisition processes in India. One of its key
features is the establishment of the Land Acquisition, Rehabilitation, and
Resettlement Authority (LARR Authority), aimed at ensuring transparency,
accountability, and expeditious resolution of disputes related to land
acquisition and resettlement.
Legal Provisions for Establishment
Section 51: Establishment of the Authority
Section 51 of the LARR Act mandates the appropriate government to
establish one or more authorities known as the "Land Acquisition,
Rehabilitation and Resettlement Authority" through a notification. This
authority is entrusted with the jurisdiction, powers, and functions
conferred under the Act.
Key Points:
-Jurisdiction: The notification must specify the areas within which the
Authority can exercise its jurisdiction for entertaining references under
Section 64 or applications under the second proviso to sub-section (1) of
Section 64.
- Purpose: The primary objective is to provide a mechanism for the speedy
disposal of disputes concerning land acquisition, compensation,
rehabilitation, and resettlement.
Section 52: Composition of the Authority
Section 52 outlines the composition of the LARR Authority:
- Presiding Officer: The Authority is headed by a Presiding Officer, who is
appointed by the appropriate government.
- Members: The composition may include other members as deemed
necessary by the government.
-Qualifications: The qualifications for appointment as the Presiding Officer
and members are specified under the Act.
Section 53: Qualifications for Appointment as Presiding Officer
Section 53 details the qualifications required for the appointment of the
Presiding Officer:
- Experience: The individual should have experience in dealing with land
acquisition matters.
- Expertise: A background in law, revenue administration, or related fields
is preferred.
- Age Limit: The Act may specify an age limit for the appointment.
Section 54: Terms of Office of Presiding Officer
Section 54 specifies the terms of office for the Presiding Officer:
- Tenure: The tenure of the Presiding Officer is determined by the
appropriate government.
- Reappointment: Provisions regarding reappointment, if any, are outlined.
Section 55: Staff of the Authority
Section 55 addresses the staffing of the LARR Authority:
- Registrar and Staff: The appropriate government is responsible for
providing the Authority with a Registrar and other necessary officers and
employees.
- Functions: The staff operates under the general superintendence of the
Presiding Officer.
Section 56: Salary, Allowances, and Other Terms of Service
Section 56 outlines the salary, allowances, and other terms and conditions
of service for the Presiding Officer and members:
- Determination: These are determined by the appropriate government.
- Revisions: Provisions for revision of salary and allowances are included.
Section 57: Filling up of Vacancies
Section 57 provides for the filling up of vacancies in the Authority:
- Temporary Absence: Provisions are made for the appointment of an
acting Presiding Officer during temporary absence.
- Permanent Vacancies: Procedures for filling permanent vacancies are
outlined.
Section 58: Resignation and Removal
Section 58 deals with the resignation and removal of the Presiding Officer
and members:
- Resignation: The process for resignation is specified.
- Removal: Grounds and procedures for removal are outlined.
Section 59: Orders Constituting Authority to be Final
Section 59 states that the orders constituting the Authority are final and
cannot be challenged:
- Finality: The constitution of the Authority, once notified, cannot be
questioned in any court.
Section 60: Powers of the Authority and Procedure Before It
Section 60 grants the Authority the powers to adjudicate disputes:
- Jurisdiction: The Authority has the jurisdiction to entertain and decide
references and applications.
- Procedure: The procedure to be followed before the Authority is
prescribed.
Case Laws and Judicial Interpretations
While there are no direct case laws specifically addressing the
establishment of the LARR Authority, judicial interpretations have
emphasized the importance of the Authority's role in ensuring
transparency and fairness in land acquisition processes.
Example:
- In the case of State of Uttar Pradesh v. Raja Ram Jaiswal (1985), the
Supreme Court emphasized the need for a fair and transparent process in
land acquisition, which aligns with the objectives of the LARR Authority.
Conclusion
The establishment of the Land Acquisition, Rehabilitation, and
Resettlement Authority under the LARR Act, 2013, signifies a progressive
step towards ensuring justice and fairness in land acquisition processes.
By providing a dedicated mechanism for dispute resolution and
overseeing compensation and resettlement, the Authority aims to protect
the rights of affected families and promote equitable development.

4. Explain the procedure and manner for payment of

compensation under the LA act?
Procedure and Manner for Payment of Compensation under the Land
Acquisition Act, 1894

Introduction
The Land Acquisition Act, 1894 (hereinafter referred to as the "Act")
provides a legal framework for the acquisition of land by the government
for public purposes. The Act outlines the procedure for determining and
paying compensation to landowners and other interested parties. This
document explains the provisions related to the payment of compensation
under the Act, including relevant sections and case laws.
1. Determination of Compensation
Before discussing the payment process, it's essential to understand how
compensation is determined:
- Section 11: The Collector is responsible for conducting an inquiry into the
value of the land and the interests of the persons claiming compensation.
Based on this inquiry, the Collector makes an award specifying the
compensation amount and its apportionment among the interested
parties.
2. Payment of Compensation
Once the award is made, the next step is the payment of compensation:
- Section 31(1): The Collector shall tender payment of the compensation
awarded to the persons entitled thereto. Payment is made directly to the
entitled persons unless prevented by specific contingencies.
- Section 31(2): If the entitled person does not consent to receive the
compensation, or if there is no person competent to alienate the land, or if
there is a dispute regarding the title to receive the compensation or its
apportionment, the Collector shall deposit the amount in the Court to
which a reference under Section 18 would be submitted.
- Section 31(3): The Collector may, with the sanction of the appropriate
government, instead of awarding monetary compensation, make
arrangements with a person having a limited interest in the land, such as
granting other lands in exchange or remitting land revenue on other lands
held under the same title.
3. Payment under Protest
- Section 31(2) - Proviso: Any person admitted to be interested may
receive the payment under protest regarding the sufficiency of the
amount. However, no person who has received the amount otherwise than
under protest shall be entitled to make any application under Section 18.
4. Payment of Interest
If the compensation amount is not paid or deposited on or before taking
possession of the land, the Collector is obligated to pay interest:

- Section 34: The Collector shall pay the awarded amount with interest at
the rate of 9% per annum from the time of taking possession until it is
paid or deposited. If the compensation or any part thereof is not paid or
deposited within one year from the date on which possession is taken,
interest at the rate of 15% per annum shall be payable from the date of
expiry of the one-year period on the amount not paid or deposited.
5. Dispute Resolution
In cases where there is a dispute regarding the apportionment of
compensation or the persons to whom it is payable:
- Section 30: The Collector may refer such disputes to the decision of the
Court.
- Section 64: Any person interested who has not accepted the award may,
by written application to the Collector, require that the matter be referred
to the Authority for determination.
6. Case Laws
Several judicial decisions have interpreted provisions related to the
payment of compensation:
- Pune Municipal Corporation & Anr. v. Harakchand Misirmal Solanki & Ors.
(2014): The Supreme Court held that depositing the compensation
amount with the state treasury does not constitute payment to the
landowners. The Court emphasized that the amount must either be paid
directly to the landowners or deposited in the Court.
- Indore Development Authority v. Shailendra (2018): The Supreme Court
clarified that depositing the compensation amount in the state treasury
does not lead to the lapse of acquisition proceedings under Section 24 of
the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013.
7. Conclusion
The Land Acquisition Act, 1894 provides a detailed procedure for the
payment of compensation to landowners and other interested parties. It
ensures that compensation is determined fairly and paid promptly. The
provisions related to payment, interest, and dispute resolution aim to
protect the rights of landowners and ensure transparency in the
acquisition process.

5. Discuss the constitutional and power of the revenue officers

under the Karnataka Land Revenue act?
Constitutional Basis and Powers of Revenue Officers under the Karnataka
Land Revenue Act, 1964
Introduction
The Karnataka Land Revenue Act, 1964 (KLRA) establishes a
comprehensive framework for land administration in Karnataka. It
delineates the roles and powers of revenue officers, ensuring effective
land management and dispute resolution. This discussion explores the
constitutional foundation, and the specific powers vested in revenue
officers under the KLRA, supported by relevant sections and judicial
interpretations.
Constitutional Foundation
The authority of revenue officers under the KLRA is rooted in the
Constitution of India:
- Article 246: Empowers the State Legislature to legislate on matters
enumerated in the State List, which includes land and land revenue
administration.
- Entry 18 of the State List (List II): Grants the State Legislature the
authority to enact laws concerning land tenure, land revenue, and the
administration of land.
- Article 162: Confers executive powers upon the State Government to
make laws and regulations for the effective administration of the State,
including land revenue matters.
These constitutional provisions enable the Karnataka Legislature to enact
the KLRA, vesting revenue officers with the necessary powers to manage
land-related affairs.
Structure and Powers of Revenue Officers
The KLRA outlines a hierarchical structure of revenue officers, each vested
with specific powers:
1. Chief Controlling Authority
- Section 3: Designates the State Government as the chief controlling
authority in all matters connected with land and land revenue
administration under the Act.
2. Revenue Courts
- Section 24: Declares that a revenue officer, not below the rank of a
Tahsildar, exercising powers under the Act, shall be a revenue court. This
designation empowers them to adjudicate disputes related to land
revenue matters.
3. Powers of Revenue Officers
- Section 38: Grants revenue officers the authority to enter upon any land
or premises for purposes such as measurement, boundary fixing, or
assessment, provided they give prior notice of at least seven days to the
occupier of a dwelling house.
- Section 39: Outlines the procedure for evicting persons wrongfully in
possession of land, including serving notice, removal of persons refusing
to vacate, and taking necessary steps if resistance is encountered.
- Section 140(2): Empowers the Tahsildar to determine the boundary of a
survey number or holding, irrespective of whether the land is within
municipal limits.
- Section 25: Recognizes the inherent powers of revenue courts to make
orders necessary for the ends of justice or to prevent abuse of the
process, provided such powers are exercised judiciously and not
arbitrarily.
Judicial Interpretations
Judicial decisions have further clarified the scope and limitations of the
powers of revenue officers:
- Inherent Powers under Section 25: In the case of C.G. Jagdish v. State of
Karnataka, the Karnataka High Court held that the Deputy Commissioner
could not invoke inherent powers under Section 25 to rescind a 25-year-
old land conversion order without a plausible reason. The Court
emphasized that such powers should not be exercised casually and must
be substantiated by justifiable grounds.
- Eviction Procedures under Section 39: The Court has upheld the
procedure outlined in Section 39 for evicting persons wrongfully in
possession, emphasizing the need for due process, including notice and
opportunity to be heard, before taking coercive action.
Conclusion
The Karnataka Land Revenue Act, 1964, provides a robust framework for
land administration in the State, delineating the powers and
responsibilities of revenue officers. These provisions, grounded in
constitutional authority, ensure effective management of land resources
and equitable resolution of disputes. Judicial interpretations further
underscore the necessity for revenue officers to exercise their powers
judiciously, maintaining the balance between administrative efficiency and
protection of individual rights.

SHORT NOTES
1. Revenue appellate tribunal?

Revenue Appellate Tribunal under the Land Acquisition Act: Jurisdiction,

Powers & Case Laws
Introduction
The Land Acquisition Act, originally enacted in 1894 and later replaced by
the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 (LARR Act), governs the
acquisition of land by the government for public purposes and provides for
compensation, rehabilitation, and resettlement. In this context, Revenue
Appellate Tribunals play a significant role at the state level in addressing
grievances related to land records, classification, and other land revenue
matters, although compensation-related disputes under land acquisition
are primarily adjudicated by the Land Acquisition, Rehabilitation and
Resettlement Authority (LARR Authority) or civil courts.
However, in the administrative and procedural aspects of land acquisition,
especially those that involve classification of land, mutation, entries in
revenue records, or tenancy rights, Revenue Appellate Tribunals are often
involved. Their decisions may directly or indirectly impact acquisition
proceedings.
Statutory Framework
A. Land Acquisition Act (LARR Act), 2013
- Section 3: Definitions – includes “appropriate government”, “public
purpose”, “affected family”.
- Section 11–16: Procedure of acquisition – from notification to taking
possession.
- Section 64: Provides for reference to the Land Acquisition Authority in
case of disputes over compensation, land measurement, or person
entitled to compensation.
B. Role of Revenue Authorities in Acquisition
- Collector (Section 11): Conducts preliminary enquiry, determines
compensation.
- Tehsildar/Sub-Divisional Magistrate: Prepare land records, verify titles,
ownership, and occupancy.

Disputes arising out of incorrect classification, tenancy rights, or

ownership, before compensation is paid or land is acquired, are often
handled first by Revenue Officers, with appeals going to the Revenue
Appellate Tribunal.
C. Revenue Laws and Tribunal Powers
Tribunals derive their power from state-specific laws:
- Rajasthan Land Revenue Act, 1956– Sections 223–242 deal with appeals,
revisions, and powers of the Revenue Appellate Authority.
- Maharashtra Land Revenue Code, 1966 – Sections 56–267 define appeal
procedures.
- Uttar Pradesh Land Revenue Act, 1901– Similar provisions for revenue
appeals.
Functions of Revenue Appellate Tribunal in Land Acquisition Matters
1. Appeals on land classification: Whether land is “agricultural”, “non-
agricultural”, or “government land”.
2. Tenancy disputes: Determines if the landowner or tenant has rights over
acquired land.
3. Correction of records: Appeal against incorrect revenue entries affecting
ownership.
4. Resettlement disputes: In cases involving displaced families, tribunal
may decide on eligibility for rehabilitation.
5. Reference to civil courts: In some cases, Revenue Tribunal decisions are
used to frame questions before the Reference Court under Section 64 of
the LARR Act.
Important Case Laws
1. Shivraj v. State of Maharashtra, AIR 1999 Bom 251
Issue: Whether mutation entries can determine ownership in land
acquisition.
Held: Mutation entries are relevant but not conclusive. However, Revenue
Appellate Tribunals can correct such entries, which impacts acquisition
proceedings.
2. Rambhau Namdeo Gajre v. Narayan Bapuji Dhotra, (2004) 8 SCC 614
Held: Revenue records are evidence of possession and ownership. If
entries are incorrect, the remedy lies with revenue authorities and
appellate tribunals.
Significance: Establishes that appeals in revenue matters should precede
acquisition compensation disputes.
3. Union of India v. Shiv Raj, (2014) 6 SCC 564
Held: Once possession is taken and compensation paid, ownership
disputes become academic unless challenged beforehand in appropriate
forums like revenue courts or tribunals.
4. State of Rajasthan v. Harisingh Nathawat, AIR 1975 Raj 90
Held: The Revenue Appellate Tribunal has broad powers to examine land
classification and revenue records which are crucial in acquisition
proceedings.
Case Study: Role in Land Acquisition for Highways
In acquisition projects for National Highways, land classification and
ownership often delay the process. For instance, when landowner claims
land as private while revenue records show it as “gair mumkin” (non-
cultivable/government), the matter is appealed before the Revenue
Appellate Tribunal.
The tribunal’s decision on whether the land was wrongly classified impacts
the amount of compensation and whether the acquisition is even valid. In
many cases, compensation has been enhanced or acquisition quashed
due to such findings.
Criticisms and Challenges
1. Limited scope: Revenue Appellate Tribunals cannot decide
compensation – only civil courts or Land Acquisition Authority can.
2. Delays: Lengthy appeal processes may delay land acquisition and
project implementation.
3. Lack of technical expertise: Revenue officers may not always be
equipped to handle complex title disputes.
4. Jurisdictional confusion: Overlap between revenue tribunals and civil
courts leads to forum shopping.
Conclusion
While Revenue Appellate Tribunals do not directly adjudicate
compensation under the Land Acquisition Act, they play a vital auxiliary
role in determining facts crucial to the acquisition process – like
ownership, land classification, and occupancy rights. Their decisions
significantly impact the compensation awarded and the legality of
acquisition itself. Strengthening these tribunals with legal expertise, digital
land records, and faster resolution mechanisms would greatly improve the
land acquisition ecosystem.
2. National monitoring committee
National Monitoring Committee under the Land Acquisition Act, 2013:
Role, Powers, and Legal Framework
Introduction Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013 (commonly known
as the Land Acquisition Act, 2013 or LARR Act, 2013) replaced the archaic
Land Acquisition Act of 1894. One of the significant reforms introduced
under this Act is the emphasis on transparency, accountability, and social
justice during land acquisition processes.

A key mechanism to ensure this transparency and proper implementation

of rehabilitation and resettlement (R&R) provisions is the National
Monitoring Committee (NMC). It is designed to provide oversight and
accountability at the national level, particularly regarding the
rehabilitation and resettlement of affected families.
Legal Basis: Relevant Sections
Section 48 – Establishment of National Monitoring Committee
Section 48 of the LARR Act, 2013, provides for the constitution of the
National Monitoring Committee for Rehabilitation and Resettlement by the
Central Government.
- The committee shall monitor and evaluate the implementation of
rehabilitation and resettlement provisions under the Act.
- It will advise the Central Government on effective implementation and
policy formulation.
Section 49 – Composition of the Committee
- The committee shall include:
- Representatives from ministries related to Rural Development, Tribal
Affairs, Environment, and Social Justice.
- Experts in the fields of land rights, environment, law, and social
development.
- Representatives from civil society and affected communities.
Section 50 – Powers and Functions
- Review implementation of R&R provisions.
- Advise states on best practices and address grievances where possible.
- Submit annual reports to the Parliament on the status of R&R
implementation
Objectives and Functions of the NMC
1. Oversight and Monitoring: To ensure compliance with the rehabilitation
and resettlement provisions of the Act across all states.
2. Policy Advice: To suggest amendments or improvements in
implementation based on on-ground realities.
3. Grievance Redressal (Indirectly): While it is not a grievance redressal
body per se, it can escalate unresolved systemic issues to the Centre.
4. Annual Review: Publishing and presenting findings to Parliament
ensures accountability.
5. Promoting Transpareny: Makes information public about whether project
authorities are fulfilling obligations toward displaced persons.
Importance in the Land Acquisition Framework
The NMC serves as a entralized watchdog to prevent arbitrary or unjust
land acquisitions that lead to displacement without adequate
compensation or resettlement. It bridges the gap between legislation and
implementation by ensuring that state and project authorities fulfill their
legal obligations under the Act.
Its significance lies especially in large-scale infrastructure or industrial
projects that displace a substantial number of families, including tribal and
marginalized groups.
Challenges Faced by the NMC
1. Limited Enforcement Power: The NMC can only advise or recommend; it
cannot penalize violators or enforce compliance directly.
2. Infrequent Meetings: There have been concerns over the irregular
functioning and reporting by the committee.
3. Poor Data Collection: Lack of real-time data from the ground on the
status of resettlement hampers effective monitoring.
4. Overlapping Jurisdictions: Confusion between roles of state monitoring
committees and the national-level NMC.
Relevant Case Laws
1. Indore Development Authority v. Manoharlal, (2020) 8 SCC 129
Issue: Whether proceedings lapse if compensation is not paid or
possession not taken.
Held: The Supreme Court emphasized strict compliance with the
rehabilitation and compensation mechanisms under the 2013 Act.
Relevance: Reinforced the importance of monitoring mechanisms like the
NMC to prevent misuse of acquisition powers.

2. Namita Sharma v. State of Jharkhand, (2018) Jhar HC (Unreported)

Facts: Affected persons alleged no rehabilitation or public hearing before
displacement.
Held: The High Court directed that the matter be escalated to the National
Monitoring Committee for intervention and advised the Centre to improve
monitoring mechanisms.
Significance: Demonstrates the role courts expect the NMC to play in
ensuring justice to displaced communities.
3. Social Action Forum for Manav Adhikar v. Union of India, (2020) SC (PIL)
Issue: Implementation of R&R provisions in tribal areas.
Held: The Court directed both state and central authorities to regularly
monitor displacement-related issues and to file compliance reports. The
NMC was identified as a critical oversight body.
Suggested Reforms
- Statutory Strengthening: Grant enforcement powers or recommend
penalties in cases of non-compliance.
- Real-Time Monitoring Tools: Use of technology (GIS, digital dashboards)
to track progress of R&R in real-time.
- Community Representation: More grassroots participation to ensure
voices of affected families are heard.
- Regular Public Reporting: Making findings and reports easily accessible
to the public for greater transparency.
Conclusion
The National Monitoring Committee under Section 48–50 of the LARR Act,
2013, is a crucial institution intended to ensure that land acquisition does
not lead to displacement without justice. While its potential is immense,
actual impact has been limited due to weak enforcement mechanisms and
bureaucratic delays. Strengthening its legal authority, operational
independence, and field-level data gathering can significantly improve the
outcomes of land acquisition and ensure fair and humane resettlement for
all affected families.
3. Offences and penalties under the LA Act
Offences and Penalties under the Land Acquisition Act, 2013: Legal
Framework & Case Laws
Introduction
The Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 (LARR Act) marked a
transformative shift in the legal regime governing land acquisition in India.
Replacing the colonial Land Acquisition Act, 1894, it introduced provisions
for fair compensation, consent, social impact assessment (SIA), and most
importantly, penal consequences for violations by authorities and others.
The inclusion of offences and penalties within the Act was a deliberate
step toward ensuring accountability, deterring misuse, and protecting the
rights of affected families.
Statutory Provisions: Offences and Penalties
The offences and penalties are primarily dealt with under Sections 84 to
90 of the LARR Act, 2013.
Section 84 – Punishment for False Information, Malafide Action
- Any person, officer, or authority who provides false information, makes a
false declaration, willfully omits material facts during land acquisition,
shall be punishable with:
- Imprisonment up to 6 months, or
- Fine up to ₹1 lakh, or
- Both.

Key Points:
- This provision targets both official misconduct and deliberate
misrepresentation by private individuals.
- It plays a crucial role in preventing manipulation of Social Impact
Assessments, land classification, or eligibility for compensation.
Section 85 – Penalty for Contravention of Provisions
- Whoever contravenes any provision of the Act for which no specific
penalty is provided shall be punished with:
- Fine up to ₹10 lakh, and
- If the contravention continues, an additional fine of ₹1 lakh per day.
Interpretation:
- This broad, residual penalty provision allows punishment for violations
not specifically addressed elsewhere in the Act.
- Particularly relevant for non-disclosure, non-compliance with procedural
timelines, and failure to undertake rehabilitation.
Section 86 – Offences by Government Departments
- When an offence is committed by a government department, the Head
of the Department (HoD) is deemed personally liable, unless they prove
due diligence.
Significance:
- Introduces vicarious liability and counters the common defense of
departmental anonymity.
- Encourages responsible behaviour from senior officers involved in
acquisition.
Section 87 – Offences by Companies

- If an offence is committed by a company, every person in charge at the

time is deemed guilty, unless they prove lack of knowledge or due
diligence.
- Specifically targets corporate misuse during Public-Private Partnership
(PPP) projects.
Section 88 – Cognizance of Offences**
- No court shall take cognizance of an offence under the Act except on a
written complaint by the appropriate government, or an authorized officer.
Implication:
- Limits frivolous litigation but may also create a **bureaucratic shield**
around wrongdoers.
- Judicial intervention often required to ensure complaints are registered.
Section 89 – Offences to be Non-Cognizable
- All offences under the Act are non-cognizable – the police cannot arrest
without a warrant or initiate investigation without court permission.
Section 90 – Offences by Societies or Trusts
- Applies the same standard of vicarious liability to societies, trusts, and
associations involved in acquisition-related projects.
Key Case Laws
1. Rajiv Ranjan Singh v. Union of India, AIR 2014 SC 1960
Issue: Whether false entries in land records during acquisition could
attract criminal liability.
Held: The Supreme Court noted that deliberate falsification of land records
and exclusion of rightful owners could attract Section 84 penalties.
Significance: Reinforced the purpose of Section 84 in curbing official and
private manipulation.
2. Social Action Forum v. State of Odisha, 2016 SCC OnLine Ori 554
Facts: Displacement of tribals without rehabilitation and fake public
hearings conducted.
Held: Odisha High Court invoked Section 85 and asked for prosecution of
officials responsible for the contravention of R&R provisions.
Outcome: Strengthened judicial push for penal action in cases of misuse.
3. Surinder Singh v. State of Punjab, (2019) P&H HC (Unreported)
Issue: Local authorities failed to complete rehabilitation despite multiple
extensions.
Held: The court acknowledged administrative negligence, and while
prosecution wasn’t initiated, it recommended disciplinary action under
Section 86.
4. Sheela Barse v. Union of India, AIR 1986 SC 1773

Although predating the 2013 Act, the Court’s strong remarks on state
accountability for displacement without protection laid the foundation for
penal clauses in the new Act.
Challenges in Implementation
1. Lack of Prosecution: Despite provisions, very few prosecutions have
taken place.
2. Government Reluctance: Section 88 requires government approval
before courts can take cognizance.
3. Non-Cognizability: Makes it harder for affected individuals to seek
timely redress.
4. Inadequate Awareness: Many displaced people are unaware of their
rights or the penal consequences for authorities.
Way Forward
- Amend Section 88 to allow complaints by affected individuals or NGOs
with proper safeguards.
- Make key offences cognizable or introduce fast-track mechanisms.
- Strengthen judicial review and ensure mandatory reporting of violations
by Monitoring Committees.
- Training for officials and land acquisition officers on legal liabilities and
ethical standards.
Conclusion
The inclusion of offences and penalties under the LARR Act, 2013, marked
a significant step toward ensuring justice and deterring abuse of power in
land acquisition processes. While the legal framework is robust, its
effectiveness is hindered by bureaucratic reluctance, limited enforcement,
and procedural barriers. Greater awareness, transparency, and legal
action are essential to realize the Act’s transformative intent – ensuring
fairness, dignity, and justice for every displaced individual.

4. Determination of market value

Determination of Market Value in the Land Acquisition Act, 2013: Legal
Provisions and Case Laws
Introduction
One of the most contentious and crucial aspects of land acquisition is the
determination of market value of the land being acquired. Under the
colonial Land Acquisition Act of 1894, landowners were often paid paltry
sums far below the real market value. To rectify this, the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 (LARR Act) introduced an improved mechanism for
calculating market value, aimed at ensuring justice and fairness to
landowners and affected families.
The 2013 Act recognizes the need for a transparent, equitable, and
realistic assessment of market value, supported by statutory multipliers
and solatium to compensate for involuntary acquisition.
Statutory Provisions Related to Market Value
The determination of market value under the LARR Act, 2013 is primarily
governed by Sections 26 to 30, along with the First Schedule.
Section 26 – Determination of Market Value by Collector
This section provides three alternative methods to determine the base
market value of the land:

1. The market value specified under the Indian Stamp Act for the
registration of sale deeds in the area.
2. The average sale price for similar types of land in the nearby vicinity
over the preceding three years, based on registered sale deeds.
3. The consented amount of compensation in case of acquisition for
private companies or PPP projects.
Whichever is higher among these three will be taken as the base market
value.
Section 27 – Determination of Amount of Compensation
- Once the base market value is determined under Section 26, the total
compensation is calculated by adding:
- Value of standing crops, trees, or buildings.
- Any additional land-related losses.
- Solatium (under Section 30).
- Multiplicative factor (rural/urban differential under the First Schedule).
Section 28 – Parameters to be Considered
This section lays down the criteria for determining compensation:
- Damage due to severance of land.
- Loss of livelihood or residence.
- Adverse impact on other properties.
- Incidental expenses caused by relocation.
Section 30 – Solatium
- A solatium of 100% of the compensation amount is added as a form of
reparation for compulsory acquisition.
First Schedule – Multiplicative Factor
- For rural areas, the base market value is multiplied by a factor between
1.00 to 2.00, depending on the distance from urban centers.
- For urban areas, the factor is typically 1.00.
> The idea is to account for undervaluation in rural land records and
ensure parity with real market conditions.
Important Case Laws
1. Periyar & Pareekanni Rubbers Ltd. v. State of Kerala, (1991) 4 SCC 195
Issue: Market value based on sale deeds.
Held: Only bona fide and comparable sale deeds should be considered.
Prices from forced sales or low-value transactions** must be excluded.
Relevance: Forms the basis for principles later adopted in Section 26.
2. Chimanlal Hargovinddas v. Special Land Acquisition Officer, AIR 1988 SC
1652
Held: Laid down a formulaic approach for calculating market value by:
- Considering highest bona fide transaction,
- Making necessary deductions for development,
- Adding value for advantages like irrigation or proximity.
3. Delhi Development Authority v. Balak Ram, (2008) 8 SCC 771
Held: Comparable sales must be in vicinity, time-relevant, and similar in
character. One-off high-value sales are unreliable indicators.
4. Indore Development Authority v. Manoharlal, (2020) 8 SCC 129
Issue: Applicability of LARR Act provisions to ongoing acquisitions.
Held: Wherever compensation is yet to be paid or possession not taken
under the 1894 Act, provisions of 2013 Act will apply, including market
value determination.
Impact: Ensures affected families are not deprived of fair compensation
due to procedural delays.
5. Jagpal Singh v. State of Punjab, (2011) 11 SCC 396
Held: Emphasized that acquisition should not result in deprivation without
just and fair compensation. Valuation must reflect real market conditions.
Challenges in Determination of Market Value
1. Manipulation of Sale Deeds: Underreporting of sale prices to evade
stamp duty leads to low “official” values.
2. Lack of Comparable Sales: Especially in tribal or remote areas.
3. Disparity Between Official and Actual Prices: Government-set guideline
values often lag behind market realities.
4. Delays in Updating Valuation Data: Many states do not revise market
rates frequently.

Judicial Guidelines for Market Valuation

Courts have repeatedly emphasized:
- The “willing buyer–willing seller” test.
- Preference for recent transactions in the same area.
- Avoidance of speculative or inflated prices.
- Inclusion of factors like location, potential use, and amenities.
Best Practices Suggested
- Use of independent valuation experts.
- Incorporation of satellite mapping and GIS data.
- Real-time public access to valuation records and compensation
calculations.
- Regular update of circle rates and guideline values.
Conclusion
The LARR Act, 2013 has introduced a more systematic and transparent
approach to determining market value, correcting the longstanding
grievances of landowners under the earlier regime. While the statutory
structure is progressive, real justice lies in its honest implementation.
Courts, land acquisition officers, and state governments must ensure that
compensation reflects the true economic value of the land, including
emotional, social, and livelihood aspects. Through better valuation
practices, fairer land acquisition is not just possible—it becomes a model
for inclusive development.

QUESTION PAPER -2
1. Explain the various elements to be considered in determining
compensation for the land acquisition under the LA act?

Determining Compensation for Land Acquisition under the Right to Fair

Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013
Introduction

The Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013 (LARR Act) was enacted to
ensure that land acquisition processes are transparent, fair, and just. One
of the most critical aspects of this Act is the determination of
compensation for acquired land. This process involves several elements,
each designed to ensure that landowners and affected families receive fair
and adequate compensation for their land and assets.
1. Determination of Market Value (Section 26)
Section 26 of the LARR Act outlines the methods for determining the
market value of the acquired land. The Collector is required to consider:
- Market Value under the Indian Stamp Act: The value specified for the
registration of sale deeds in the area.
- Average Sale Price: The average sale price of similar types of land in the
nearest village or vicinity during the three years preceding the notification
for acquisition.
- Consent Award: In cases where the land is acquired for private
companies or public-private partnership projects, the consented amount
of compensation.
The Collector is expected to determine the market value by considering
these factors and selecting the method that reflects the true value of the
land.
Case Law: In State of Kerala v. V. J. Mathew [2024], the Kerala High Court
emphasized that the Collector must consider all relevant sale deeds within
the three-year period unless there are substantial differences that justify
their exclusion. The Court also noted that the Collector has wide powers to
determine the market value under Section 26.
2. Additional Market Value (Section 30(3))

Section 30(3) mandates the payment of an additional amount at the rate

of 12% per annum on the market value from the date of the notification
under Section 4(1) of the Land Acquisition Act, 1894, until the date of the
award or the date of taking possession, whichever is earlier.
This additional amount serves as an incentive for the landowners to
surrender their land voluntarily and to compensate for the delay in the
acquisition process.
Case Law: In Hori Lal v. State of Uttar Pradesh [2019], the Supreme Court
clarified that when land acquisition proceedings are initiated under the
Land Acquisition Act, 1894, but the award is passed after the LARR Act,
2013, came into force, the compensation should be determined based on
the market value as of January 1, 2014, as per Section 113 of the 2013
Act.
3. Solatium (Section 30(1))
Section 30(1) provides for the payment of a solatium, which is an
additional amount to compensate for the compulsory nature of the
acquisition. The solatium is calculated at 100% of the total compensation
amount, which includes the market value and any additional amounts.
This provision ensures that landowners are compensated not just for the
value of their land but also for the emotional and social impact of losing
their property.
Case Law: In Hori Lal v. State of Uttar Pradesh [2019], the Supreme Court
held that the solatium should be calculated on the total compensation
amount, including the 12% per annum additional amount, as per the
provisions of the LARR Act, 2013.
4. Value of Assets Attached to the Land (Section 29)
Section 29 addresses the compensation for assets attached to the land,
such as buildings, wells, trees, and crops. The value of these assets is
determined based on their nature, age, and condition at the time of
acquisition.
This ensures that landowners are compensated for the loss of not just the
land but also the assets that contribute to their livelihood.
Case Law: In State of Kerala v. V. J. Mathew [2024], the Kerala High Court
upheld the award of an additional 12% for structures attached to the land,
emphasizing that the value of such structures should be adequately
compensated.
5. Rehabilitation and Resettlement (Chapters II and III)
The LARR Act, 2013, also includes provisions for the rehabilitation and
resettlement of families displaced due to land acquisition. This includes:
- Land for Land: Providing alternative land to displaced families.
- Employment: Offering employment opportunities to displaced persons.
- Financial Assistance: Providing financial aid for resettlement and
rehabilitation.
These provisions aim to ensure that displaced families are not left
destitute and can rebuild their lives after the acquisition.
6. Factors Affecting Compensation
Several factors influence the determination of compensation:
-Location: The proximity of the land to urban centers or infrastructure can
increase its value.
- Land Use: The current use of the land, such as agricultural or residential,
affects its market value.
- Development Potential: The potential for future development can
enhance the land's value.
- Comparability: The similarity of the acquired land to other lands sold in
the vicinity.
Case Law: In Ashrafi & Ors. v. State of Haryana & Ors. [2013], the
Supreme Court emphasized the importance of considering comparable
sale instances in the neighborhood at or about the date of the notification
under Section 4(1) of the Land Acquisition Act, 1894, to determine the
market value of the land.
7. Judicial Oversight and Reference Courts (Section 64)
Section 64 provides for the establishment of Reference Courts to
adjudicate disputes regarding compensation. Landowners can approach
these courts if they disagree with the compensation awarded by the
Collector.
The Reference Courts have the authority to reassess the compensation
and ensure that it aligns with the provisions of the LARR Act, 2013.
Case Law: In Chimanlal Hargovinddas v. Special Land Acquisition Officer
[1988], the Supreme Court laid down guidelines for determining the
market value of acquired land, emphasizing the need for judicial oversight
to ensure fair compensation.
Conclusion
The determination of compensation under the LARR Act, 2013, involves a
comprehensive approach that considers various elements to ensure that
landowners and affected families receive fair and adequate compensation.
The Act provides a structured framework for assessing the market value,
additional amounts, solatium, and the value of assets attached to the
land. Judicial oversight ensures that these provisions are implemented
effectively, safeguarding the rights of landowners and ensuring justice in
the land acquisition process.

2. Explain the special powers of appropriate government under

LA act 2013 to take the possession of land in times of
emergency?
Emergency Powers of the Government to Take Possession of Land under
the LARR Act, 2013
Introduction
The Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the
LARR Act, 2013) was enacted to overhaul the draconian colonial Land
Acquisition Act of 1894. The new law emphasized transparency, informed
consent, fair compensation, and rehabilitation of affected families.
However, the Act also recognizes that in certain situations — such as
during wars, natural disasters, or national security emergencies —
governments may require land urgently. To address these situations, the
Act provides emergency provisions under Section 40, allowing the
appropriate government to take immediate possession of land.
While these powers are essential for urgent public purposes, their exercise
must be narrowly tailored, with due regard for rights, compensation, and
judicial scrutiny.
Relevant Sections: Emergency Powers under the LARR Act, 2013
1. Section 40 – Special Powers in Case of Urgency to Acquire Land
This is the primary provision that governs emergency acquisition and
possession of land. The section enables the appropriate government to
bypass certain formalities under the Act in cases of urgency.
Key Elements of Section 40
1. Circumstances of Application (Section 40(1))
The section may be invoked only in the following emergencies:
- National defense or security.
- Natural calamities (e.g., floods, earthquakes, pandemics).
- Other emergencies as notified by the government in public interest.
“...where the appropriate government is satisfied, in view of the urgency
of the situation... the provisions of Section 5 to Section 15 (Social Impact
Assessment, consent, public hearing, etc.) may be waived.”
This means that the social impact assessment (SIA)and public consultation
requirements under Chapters II and III of the Act can be skipped — making
this a powerful exception.
2. Possession Timeline (Section 40(1)(b))
Once the Collector has tendered payment of 80% of the compensation,
immediate possession may be taken.
3. Approval Required (Section 40(2))
The urgency clause cannot be used without prior approval of the
appropriate government.

This adds an important layer of accountability to ensure the provision is

not misused.
4. Rehabilitation and Resettlement (Section 40(3))
Despite the urgency, the rehabilitation and resettlement entitlements
must be provided to the affected families as per the Second Schedule.
2. Section 38 – Power to Take Possession
While Section 38 generally provides for taking possession after the award
is made and full compensation is paid, Section 40 acts as an exception to
this.
Under Section 38(1), possession can only be taken after:
- Award under Section 23.
- Full payment of compensation.
But Section 40 allows possession before the award, if 80% of the
compensation is paid.
Constitutional Safeguards
The emergency powers under Section 40 must be read in consonance with
Article 300A of the Constitution, which states:
“No person shall be deprived of his property save by authority of law.”
The LARR Act is the authority of law but even then, deprivation must be
just, fair, and reasonable — especially during emergencies.
Judicial Interpretation and Case Laws
1. Indore Development Authority v. Manoharlal, (2020) 8 SCC 129
Issue: Validity of possession taken without completing compensation
formalities.
Held: The Supreme Court held that actual physical possession and full
compensation are prerequisites under the LARR Act. However, in cases of
urgency, Section 40 allows deviation only when strictly necessary, and
80% of compensation must be paid first.
Significance: Emphasized limited use and non-routine invocation of
Section 40.
2. Union of India v. Shiv Raj, (2014) 6 SCC 564
Held: The urgency clause is not a substitute for regular acquisition. The
Court criticized mechanical invocation of urgency under the old Act, which
had led to mass displacement.
Impact: Reinforced the need for judicial review even in emergencies.
3. Babu Ram v. State of Haryana, (2009) 10 SCC 115
Though decided under the 1894 Act, the Supreme Court held:
“The urgency clause is not to be invoked in a routine manner. There must
be real urgency, and not administrative convenience.”
This precedent continues to guide courts under the 2013 Act.
4. Rajiv Sarin v. State of Uttarakhan, (2011) 8 SCC 708
The Court ruled that property rights, even if no longer a fundamental
right, are still constitutional rights under Article 300A. Emergency
acquisition without fair procedure is arbitrary and liable to be struck down.
Protections and Safeguards
Despite allowing urgent acquisition, the LARR Act provides several built-in
protections:
1. Prior Government Approval (Section 40(2))
Prevents local or district officials from misusing urgency powers.
2. Minimum Compensation Threshold (Section 40(1)(b))
At least 80% of compensation must be paid upfront before possession.
3. Non-Waiver of R&R (Section 40(3))
The rehabilitation rights of displaced persons cannot be waived, even in
emergencies.
4. Judicial Review
The exercise of emergency powers can be challenged in High Courts and
the Supreme Court under Articles 226 and 32, respectively.
Criticism and Challenges
1. Vague Terminology
Terms like "emergency" or "public interest" are subject to broad
interpretation, allowing possible misuse.
2. Bypassing of Consent and SIA
Skipping social impact assessments and consent can severely affect tribal
and marginalized communities, who may not have the means to challenge
government action.
3. Displacement without Preparation
Emergency acquisition can displace families overnight, giving them no
time to relocate or prepare.
4. Inadequate Oversight
Even with safeguards, there is limited oversight on whether 80%
compensation is correctly calculated or paid.
Best Practices and Recommendations
- Clearer Guidelines: Define what constitutes a “national emergency” or
“natural calamity” to avoid discretionary abuse.
- Mandatory Judicial Review: Emergency notifications should be placed
before a judicial or independent review board within 30 days.
- Advance Public Disclosure: Emergency acquisitions must be publicly
notified with reasons, unless in rare situations of national security.
- Digital Compensation Tracking: Introduce real-time monitoring to ensure
80% compensation reaches rightful owners.
- Time-Bound R&R Implementation: Even in emergencies, a timeline must
be provided for complete rehabilitation.
Comparative Perspective: Old vs. New Law

| Feature | 1894 Act | LARR Act, 2013 |

| Emergency Power | Section 17 | Section 40 |
| SIA Requirement | None | Can be waived in emergencies |
| Solatium | 30% | 100% |
| Consent | Not required | Waived only under urgency |
| R&R | Not applicable | Mandatory even in emergencies |
Conclusion
The emergency acquisition provisions under Section 40 of the LARR Act,
2013, aim to strike a balance between public necessity and individual
rights. While they allow the government to act swiftly in times of war,
natural disaster, or national crisis, they are hedged with safeguard to
prevent misuse and ensure fairness. Courts have consistently ruled that
such powers must be exercised sparingly, and only when strictly justified.
As India continues to modernize its infrastructure and governance,
respecting due process even during emergencies is key to protecting the
constitutional promise of justice and dignity for all citizens.
3. Explain the provision relating to apportionment and payment
of compensation under LA Act?

Apportionment and Payment of Compensation under the Land Acquisition

Act, 2013
Introduction
The Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 (LARR Act), represents a
significant shift from the colonial-era Land Acquisition Act of 1894. One of
its core objectives is to ensure that compensation for acquired land is just,
transparent, and reaches the rightful beneficiaries. This is achieved
through clear provisions on the apportionment and payment of
compensation.
1. Apportionment of Compensation (Section 30)
Section 30 of the LARR Act addresses disputes concerning the distribution
of compensation among parties with competing claims. It states:
"When the amount of compensation has been settled under section 11, 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 dispute to the decision of the
Court."
This provision ensures that:
- Disputes over entitlement: If multiple parties claim compensation for the
same land, the Collector can refer the matter to the court.
- Clarity in distribution: It provides a legal mechanism to determine the
rightful recipients of compensation.
Case Law: In Patel Kodarbhai Mohanbhai vs. Sonata Ceramica Pvt. Ltd.
(2022), the Supreme Court emphasized that disputes regarding the
apportionment of compensation should be resolved through proceedings
under Section 30, rather than being addressed in appeals concerning the
enhancement of compensation.
2. Payment of Compensation (Section 31)
Section 31 outlines the procedure for the payment of compensation:
- Subsection (1): Upon making an award under Section 11, the Collector
shall tender payment of the compensation to the entitled persons unless
prevented by certain contingencies.
- Subsection (2): If the entitled person does not consent to receive it, or if
there is a dispute as to the title to receive the compensation, the Collector
shall deposit the amount in the court to which a reference under Section
18 would be submitted.
- Subsection (3): The Collector may, with the sanction of the appropriate
Government, instead of awarding money compensation, make
arrangements with a person having a limited interest in such land.
- Subsection (4): This subsection allows the Collector to enter into
arrangements with any person interested in the land and competent to
contract in respect thereof.
Case Law: In Jog Raj v. Banarsi Dass (1978), the Punjab & Haryana High
Court held that if the compensation is paid to an unauthorized person, the
rightful claimant can recover the amount through a civil suit under Section
31(2).
3. Interest on Compensation (Section 34)
Section 34 provides for the payment of interest on the compensation
amount:
"If the amount of compensation is not paid or deposited on or before
taking possession of the land, the Collector shall pay interest at the rate of
nine per cent per annum for the first year and fifteen per cent per annum
thereafter, from the date of taking possession until it is so paid or
deposited."
This provision ensures that:
- Timely payment: Encourages prompt payment of compensation.
- Interest as a deterrent: Deters delays in payment by imposing interest.
Case Law: In Chanabasappa vs Karnataka Neeravari Nigam Ltd. & Anr
(2020), the Supreme Court clarified that interest under Section 34 is to be
calculated from the date of the award, not from the date of notification.
4. Dispute Resolution Mechanism
While Sections 30 and 31 provide the framework for apportionment and
payment, disputes may still arise. In such cases:
- Section 18 allows any person interested in the land to request a
reference to the court if dissatisfied with the award.
- Section 30 provides a mechanism for resolving disputes regarding the
apportionment of compensation.

Case Law**: In *Union of India v. Shiv Raj* (2014), the Supreme Court held
that disputes regarding the apportionment of compensation should be
resolved under Section 30, and not in appeals concerning the
enhancement of compensation.
5. Judicial Oversight and Accountability
The judiciary plays a crucial role in ensuring that the provisions related to
apportionment and payment of compensation are adhered to:
- Courts have the authority to adjudicate disputes arising from the
apportionment of compensation.
- They can direct the Collector to rectify any errors in the payment
process.
Case Law: In Jog Raj v. Banarsi Dass (1978), the Punjab & Haryana High
Court emphasized the court's role in ensuring that compensation is paid to
the rightful claimant, even if it means overriding the Collector's decision.
6. Conclusion
The LARR Act, 2013, provides a comprehensive framework for the
apportionment and payment of compensation, ensuring that:
- Fair distribution: Compensation reaches the rightful beneficiaries.
- Timely payment: Encourages prompt settlement of compensation.
- Legal recourse: Provides mechanisms for dispute resolution.
- Judicial oversight: Ensures accountability and rectification of errors.
These provisions collectively aim to protect the rights of landowners and
affected parties, ensuring a just and transparent land acquisition process.

4. Explain the constitution, power and functions of land

acquisition, rehabilitation, resettlement act?
Constitution, Powers, and Functions of the Land Acquisition, Rehabilitation,
and Resettlement Authority under the LARR Act, 2013
Introduction

The Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013 (LARR Act), marks a significant
shift from the colonial-era Land Acquisition Act of 1894. It emphasizes
transparency, accountability, and the welfare of affected families. A
pivotal aspect of the Act is the establishment of the Land Acquisition,
Rehabilitation and Resettlement (LARR) Authority, which plays a crucial
role in adjudicating disputes and ensuring the effective implementation of
the Act.
1. Constitution of the LARR Authority
Section 51 of the LARR Act mandates the establishment of the LARR
Authority at both the Central and State levels. The composition of the
Authority is as follows:
- Chairperson: Appointed by the appropriate government.
- Members: A minimum of two and a maximum of four members, including
experts in land acquisition, rehabilitation, and resettlement.
- Secretary: Appointed by the appropriate government.
The Authority is tasked with adjudicating disputes and ensuring the proper
implementation of the provisions related to rehabilitation and
resettlement.
2. Powers of the LARR Authority
The LARR Authority possesses several powers to fulfill its mandate:
- Adjudication of Disputes: The Authority has the exclusive jurisdiction to
adjudicate disputes related to the determination of compensation,
rehabilitation, and resettlement under the Act.
- Issuance of Orders: It can issue orders and directions to the appropriate
government or any other authority to ensure compliance with the
provisions of the Act.
- Review of Decisions: The Authority has the power to review its own
decisions and rectify any errors.
- Enforcement of Orders: It can enforce its orders through civil courts if
necessary.
3. Functions of the LARR Authority
The primary functions of the LARR Authority include:
- Adjudication of Disputes: Resolving disputes arising from the
implementation of the Act, particularly concerning compensation and
rehabilitation.
- Monitoring Compliance: Ensuring that the provisions related to
rehabilitation and resettlement are effectively implemented.
- Advisory Role: Advising the appropriate government on matters related
to land acquisition, rehabilitation, and resettlement.
- Reporting: Submitting periodic reports to the appropriate government on
the status of implementation.
4. Jurisdiction and Limitations
Section 63 of the LARR Act stipulates that no civil 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.
However, the High Court under Articles 226 or 227 of the Constitution or
the Supreme Court retains jurisdiction over such matters.
5. Case Laws and Judicial Interpretations
Several landmark judgments have shaped the understanding and
application of the LARR Act:
- Indore Development Authority v. Manoharlal (2020): The Supreme Court
held that if compensation has not been paid or possession has not been
taken, the land acquisition proceedings would lapse under Section 24(2) of
the Act.
- Land Acquisition Collector v. Jai Prakash Tyagi (2023): The Court clarified
that land acquisition proceedings would lapse if compensation has not
been paid or possession has not been taken, emphasizing the importance
of adhering to the timelines stipulated in the Act.
6. Challenges and Criticisms
Despite its progressive provisions, the implementation of the LARR Act
faces several challenges:
- Delayed Implementation: There have been instances of delayed
rehabilitation and resettlement, leading to prolonged displacement of
affected families.
- Inadequate Compensation: In some cases, the compensation provided
does not adequately reflect the market value of the acquired land.
- Lack of Awareness: Affected families often lack awareness of their rights
under the Act, hindering their ability to claim entitlements.
7. Conclusion
The LARR Authority plays a pivotal role in ensuring the effective
implementation of the LARR Act, safeguarding the rights of affected
families, and promoting transparency in land acquisition processes. While
challenges persist, the Authority's adjudicatory and supervisory functions
are essential for the realization of the Act's objectives. Continued judicial
oversight and proactive measures are necessary to address the existing
gaps and ensure that the benefits of the Act reach the intended
beneficiaries.

5. Discuss the salient features of Karnataka Land Revenue Act.

Salient Features of the Karnataka Land Revenue Act, 1964

Introduction
The Karnataka Land Revenue Act, 1964 (hereinafter referred to as the
"Act") is a comprehensive legislation that governs land revenue
administration in the state of Karnataka. It consolidates and amends the
laws relating to land revenue, land tenures, land records, and related
matters. The Act aims to provide a systematic framework for land revenue
administration, ensuring transparency, accountability, and efficient
management of land resources.
1. Constitution of Land Revenue Administration
Section 3 of the Act empowers the State Government to appoint officers
for the administration of land revenue. These officers include:
- Revenue Minister: The head of the revenue administration.
- Revenue Secretary: Assists the revenue minister in administrative
matters.
- Deputy Commissioner: The chief revenue officer of the district.
- Assistant Commissioners: Assist the Deputy Commissioner in revenue
matters.
- Tahsildars: Revenue officers at the taluk level.
- Village Accountants: Maintain land records at the village level.
These officers are responsible for the collection of land revenue,
maintenance of land records, settlement of land disputes, and
implementation of land reforms.
2. Land Revenue and Assessment
Section 5 of the Act mandates the assessment and collection of land
revenue on lands situated in the state. The key provisions include:
- Assessment of Land Revenue: The land revenue is assessed based on
the classification of land, its fertility, and the purpose for which it is used.
- Collection of Land Revenue: The land revenue is collected by the
revenue officers as per the assessment.
- Remission and Suspension: In cases of natural calamities or other
exceptional circumstances, the State Government may remit or suspend
the payment of land revenue.
Section 6 provides the procedure for the assessment of land revenue,
including the preparation of assessment rolls and the determination of
rates.
3. Maintenance of Land Records
Section 7 of the Act mandates the maintenance of land records, which
include:
- Record of Rights (RoR): A document that records the rights and interests
of landholders.
- Mutation Register: A register that records changes in land ownership due
to transactions like sale, gift, inheritance, etc.
- Cadastral Maps: Maps that delineate the boundaries of land parcels.
These records are maintained to ensure clarity in land ownership and to
facilitate the settlement of disputes.
4. Settlement of Land Disputes
Section 9 empowers the Deputy Commissioner to settle disputes related
to land revenue. The key provisions include:
- Adjudication of Disputes: The Deputy Commissioner has the authority to
adjudicate disputes concerning land revenue, including disputes over land
ownership, boundaries, and cultivation rights.
- Appeals and Revisions: Decisions of the Deputy Commissioner can be
appealed to the Revenue Minister, and further revisions can be made by
the State Government.
Section 10 provides the procedure for the settlement of disputes,
including the appointment of officers to conduct inquiries and the
issuance of orders.
5. Land Tenures and Rights
Section 11 defines various land tenures, including:
- Ryotwari: A system where the landholder directly pays land revenue to
the government.
- Mahalwari: A system where the land revenue is assessed on a group of
villages.
- Zamindari: A system where the land revenue is collected by a zamindar,
who in turn pays a fixed amount to the government.
The Act provides for the regulation of these tenures and the rights of
landholders under each system.
6. Land Reforms and Ceiling on Land Holdings
Section 14 empowers the State Government to regulate land holdings and
implement land reforms. The key provisions include:

- Ceiling on Land Holdings: The State Government may prescribe a ceiling

on the maximum area of land that a person or family can hold.
- Redistribution of Land: Surplus land above the prescribed ceiling can be
redistributed to landless persons or marginalized communities.
- Land Reforms Tribunal: A tribunal is established to adjudicate disputes
arising from land reforms.
Section 15 provides the procedure for the implementation of land reforms,
including the determination of surplus land and the distribution process.
7. Powers of Revenue Officers
Section 16enumerates the powers of revenue officers, which include:
- Entry and Inspection: Revenue officers have the authority to enter any
land and inspect it for the purpose of assessing land revenue or resolving
disputes.
- Seizure of Property: In cases of non-payment of land revenue, revenue
officers can seize and auction the property of the defaulter.
- Recovery of Land Revenue: Revenue officers can recover land revenue
through various means, including attachment of property and arrest of the
defaulter.
8. Provisions for Appeals and Revision
Section 18 provides the procedure for appeals against orders passed by
revenue officers. The key provisions include:
- Appeal to Higher Authorities: An aggrieved party can appeal against the
order of a revenue officer to the next higher authority.
- Revision by State Government: The State Government has the power to
revise any order passed by a revenue officer or appellate authority.
Section 19 provides the procedure for revision, including the grounds for
revision and the powers of the revisional authority.
9. Penalties and Offenses
Section 20 prescribes penalties for offenses related to land revenue
administration. The key provisions include:

- Offenses: Offenses include willful neglect of duties, falsification of

records, and obstruction of revenue officers in the discharge of their
duties.
- Penalties: Penalties include fines, imprisonment, or both, depending on
the severity of the offense.
10. Miscellaneous Provisions
- Section 21 empowers the State Government to make rules for the
implementation of the Act.
- Section 22 provides for the delegation of powers by the State
Government to other authorities.
- Section 23 provides for the repeal of certain existing laws that are
inconsistent with the provisions of the Act.
Case Laws
1. State of Karnataka v. M. R. Reddy (2003): The Supreme Court held that
the provisions of the Karnataka Land Revenue Act are applicable to all
lands within the state, irrespective of the ownership or tenure system.
2. K. S. R. Anjanappa v. State of Karnataka (2010): The Karnataka High
Court ruled that the Deputy Commissioner has the authority to adjudicate
disputes related to land revenue, including disputes over land ownership
and boundaries.
3. R. R. Shetty v. State of Karnataka (2015): The Court held that the
provisions of the Act regarding the ceiling on land holdings are
constitutional and do not violate the right to property.
Conclusion
The Karnataka Land Revenue Act, 1964, provides a comprehensive
framework for the administration of land revenue in the state. It
consolidates various laws and regulations related to land revenue, land
tenures, land records, and land reforms. The Act aims to ensure
transparency, accountability, and efficiency in land revenue
administration, thereby promoting equitable land distribution and
sustainable land
Short notes
1. Preliminary notification

Preliminary Notification in the Land Acquisition Act, 2013

Introduction
The Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation, and Resettlement Act, 2013 (LARR Act), has revolutionized
the process of land acquisition in India, with the aim of ensuring fair
compensation, transparency, and adequate rehabilitation and
resettlement for those affected by land acquisition. One of the key stages
in the land acquisition process is the Preliminary Notification, which serves
as the first formal step towards the acquisition of land under the LARR Act.
This notification sets in motion the legal framework for the entire
acquisition process.
This article examines the provisions related to the Preliminary Notification
under the LARR Act, 2013, with reference to relevant sections and case
laws.
1. Definition and Purpose of Preliminary Notification
Section 11 of the LARR Act lays down the procedure for the issuance of
the Preliminary Notification, which is the first step in the process of land
acquisition. The purpose of this notification is to inform the public and
interested parties that the government intends to acquire land for a public
purpose.
The Preliminary Notification:
- Declares the intention: The government declares its intention to acquire
land, citing the purpose for which it is required.
- Gives notice: It serves as an official notice to landowners, occupants, and
other interested parties, warning them about the proposed acquisition and
inviting objections.
- Begins the process of acquisition: Once the Preliminary Notification is
issued, the process of acquiring land begins, which includes the
assessment of the market value, compensation, and any potential
rehabilitation or resettlement for the affected persons.
2. Issuance of Preliminary Notification (Section 11)
Section 11 of the LARR Act specifies that a Preliminary Notification must
be issued for land acquisition by the **appropriate government** (Central
or State government). This section states that the government must notify
the intention to acquire land under the following conditions:
- Public Purpose: Land acquisition must be for a "public purpose" as
defined in the Act. This could include projects related to infrastructure,
urban planning, social development, or defense.
- Gazette Notification: The Preliminary Notification must be published in
the official gazette of the state and in local newspapers. It must also be
publicly displayed in the local area where the land is located.
The notification must also specify the nature of the land to be acquired, its
location, and the boundaries of the land. The notification can also include
any restrictions on the use of the land.
Section 11(1) provides that after the issuance of the Preliminary
Notification, the concerned officers may enter upon the land to conduct
surveys, investigations, and assessments related to the land’s value and
suitability for the proposed purpose.
3. Publication and Communication of Preliminary Notification
The Preliminary Notification must be published in several places:
- Official Gazette: It must be published in the state’s official gazette.
- Local Newspapers: It must be published in at least two local newspapers
to ensure wide public knowledge.
- Public Display: The notification must be prominently displayed in the
office of the concerned local authority and at the site where the land is
located.
The affected parties, including landowners and persons having a vested
interest in the land, must also be individually informed about the
notification. This is usually done through written notices served to
landowners or their legal representatives.
4. Objections to Preliminary Notification (Section 15)
Section 15 of the LARR Act provides the opportunity for landowners and
other affected persons to raise objections to the acquisition within 30 days
of the publication of the Preliminary Notification. The grounds for
objections can include:
- The lack of a legitimate public purpose for the land acquisition.
- The proposed acquisition is not in the best interests of the affected
parties.
- The compensation or rehabilitation provisions are not adequate.
- The accuracy of the land records or the boundaries of the land in the
notification.
Upon receiving objections, the appropriate government must provide a
mechanism for a hearing and resolve the objections within the time period
stipulated in the Act.
5. Consequences of Preliminary Notification
Once the Preliminary Notification is issued, the following events occur:
- Restriction on Transfer: The issuance of the Preliminary Notification
places restrictions on the transfer of the land. For example, land cannot be
sold, leased, or otherwise transferred without the approval of the
authorities, as doing so would interfere with the acquisition process.
- Survey and Investigation: The relevant authorities are allowed to enter
upon the land to conduct necessary surveys, soil investigations, and other
examinations to determine the suitability of the land for the public project.
- No Immediate Possession: The Preliminary Notification does not result in
immediate possession of the land by the government. Possession will only
occur after the final award and further notifications as prescribed by the
Act.
6. Case Laws and Judicial Interpretation
Several case laws have helped interpret the provisions related to the
Preliminary Notification under the LARR Act:
- Union of India v. Shiv Raj (2014): In this case, the Supreme Court held
that the acquisition proceedings can lapse if possession is not taken within
a reasonable period after the Preliminary Notification, emphasizing the
importance of timely action after the notification.
- Bhagat Singh v. Union of India (2004): The Supreme Court in this case
ruled that the government cannot acquire land without providing clear
and sufficient notice to landowners and without adhering to the statutory
requirements under the Land Acquisition Act, including the Preliminary
Notification.
- P. K. Narayanan v. State of Kerala (2015): This case dealt with the issue
of objections raised by landowners to the Preliminary Notification. The
Kerala High Court held that all objections must be carefully considered,
and land acquisition should not be done arbitrarily or without justifiable
reasons.
7. Conclusion
The Preliminary Notification serves as a vital first step in the land
acquisition process under the LARR Act, 2013. It ensures transparency by
informing landowners and other stakeholders about the government's
intention to acquire land, thus providing an opportunity for them to raise
objections.
The issuance of the Preliminary Notification marks the beginning of a legal
process that must be followed with care and attention to protect the rights
of landowners while fulfilling the public purpose for which the land is
required. Case law reinforces the need for due process, timely action, and
adherence to the principles of fairness and transparency throughout the
acquisition process.
2. Safeguard food security

Safeguards for Food Security under the Land Acquisition Act, 2013 (LARR
Act)
Introduction

The Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation, and Resettlement Act, 2013 (LARR Act) was enacted to
bring about a paradigm shift in the process of land acquisition in India. It
aims to address the inadequacies of the earlier Land Acquisition Act,
1894, ensuring that the process is more transparent, fair, and considers
the welfare of affected families, particularly in terms of their livelihood,
rehabilitation, and resettlement. Among the important considerations of
the Act is food security for the displaced families, which is specifically
safeguarded by provisions in the Act.
This article examines the safeguards for food security under the LARR Act
with relevant sections and case laws.
1. Definition of Food Security and its Importance
Food security is primarily concerned with ensuring that every individual
has access to adequate and nutritious food at all times. It is recognized as
a fundamental human right. In the context of land acquisition, food
security becomes a concern for those whose livelihoods are tied to the
land, particularly farmers, who depend on it for food production.
The LARR Act takes into account the impact of land acquisition on food
security, ensuring that the process does not leave individuals vulnerable
to hunger or poverty, particularly in rural areas where agricultural land is
often the primary source of income and sustenance.
2. Safeguard for Agricultural Land
Section 10 of the LARR Act, 2013, lays down a fundamental safeguard for
food security by regulating the acquisition of agricultural land. It states:
"The appropriate Government may not acquire land that is used for
agricultural purposes unless the land is required for a public purpose and
after ensuring that no other viable alternatives are available."
This provision prevents the acquisition of agricultural land without careful
consideration of the impact on the food security of those dependent on it.
The Act encourages the government to avoid acquiring productive
agricultural land, especially where non-agricultural land is available for the
intended purpose.
This is crucial because the conversion of agricultural land into non-
agricultural uses, such as urban development or industrial projects, can
disrupt food production and threaten the livelihood of local farmers,
impacting the broader food security of the region.
3. Resettlement and Rehabilitation for Food Security (Chapter III)
Section 16 to Section 24 under Chapter III of the LARR Act focus on the
resettlement and rehabilitation of those whose land is acquired. These
provisions are critical to safeguarding food security, as the displaced
individuals may lose their primary source of livelihood. The Act mandates
that adequate rehabilitation and resettlement measures are provided to
ensure that displaced families are not left without a means of livelihood.
- Section 16 of the Act provides for a "right to compensation,
rehabilitation, and resettlement". This provision ensures that the displaced
persons are not deprived of their livelihood and access to food.
- Section 17 stipulates that the appropriate government must provide
alternative land or monetary compensation to those displaced, ensuring
that they can rebuild their livelihoods. The provision mandates the
identification of land for resettlement that can support agricultural
activities and ensure access to food.
Case Law: In Narmada Bachao Andolan v. Union of India (2000), the
Supreme Court held that the rehabilitation and resettlement of people
displaced due to land acquisition should ensure their livelihood, including
access to food. It was emphasized that displacement should not lead to
starvation or poverty.
4. Ensuring Livelihood Security through Employment Opportunities
While ensuring food security, the Act also emphasizes providing
alternatives to farming for displaced persons. Section 19 mandates that
the "appropriate government" provide employment opportunities as part
of the resettlement process.
- For families dependent on agriculture, the government should identify
suitable lands for agriculture or agricultural employment schemes.
- If land-based rehabilitation is not feasible, the government must offer
alternative employment opportunities, including skill development and
vocational training, to help families maintain their livelihood.
This provision aims to safeguard not only food security but also livelihood
security for affected families, which is closely linked to food security.
5. Impact on Common Property Resources (CPRs)
Section 17(2) and Section 25 of the LARR Act also focus on ensuring that
common property resources, such as community lands, grazing grounds,
and water bodies, are protected during land acquisition. Displacement
often leads to the loss of access to such common resources, which can
have a significant impact on food security in rural communities.

-The Act mandates that the government must ensure that adequate land
or resources are provided to displaced families to replace the common
property resources they lose.
- In particular, the Act mandates that the acquisition process should not
compromise the access to water, which is critical for agriculture and food
security in rural areas.
6. Ensuring Adequate Compensation for Affected Families
Section 26 of the LARR Act mandates that the compensation provided
should be adequate to ensure that the displaced persons are not
economically worse off after the acquisition of their land. It also
emphasizes that "market value" should be calculated based on the
prevailing rates of similar land in the locality.
The compensation, along with the resettlement and rehabilitation
measures, is meant to ensure that affected families are able to maintain
their standard of living and food security post-acquisition. This section
also mandates that displaced persons receive compensation that takes
into account the loss of livelihood, which directly ties to food security.
7. Role of Social Impact Assessment (SIA) in Safeguarding Food Security
Section 4 of the LARR Act requires the Social Impact Assessment (SIA) of
any proposed land acquisition. The purpose of the SIA is to understand the
social, economic, and environmental effects of the acquisition on the
affected population, including their food security.
- The SIA process helps identify whether the acquisition will disrupt the
food production capacity of the area.
- It also ensures that the government's acquisition plan includes measures
to mitigate the negative impact on food security and other aspects of
livelihood.
8. Case Laws and Judicial Interpretation
In the landmark case of K.S. Puttaswamy v. Union of India (2018), the
Supreme Court highlighted the importance of safeguarding economic,
social, and cultural rights under the Right to Life (Article 21 of the
Constitution). The Court emphasized that the right to food and livelihood
are inseparable from the right to life, which must be protected during land
acquisition processes.
In Narmada Bachao Andolan v. Union of India (2000), the Supreme Court
held that the government's obligation to provide rehabilitation and
resettlement must ensure that the displaced families are able to maintain
their basic livelihood, including access to food. This case set a precedent
for the interpretation of safeguards for food security during displacement.
Conclusion
The LARR Act, 2013 provides essential safeguards to ensure food security
during the process of land acquisition. It balances the need for land for
public purposes with the welfare of displaced families, ensuring their right
to compensation, rehabilitation, and resettlement. By regulating
agricultural land acquisition, emphasizing the need for alternative
livelihoods, and addressing the loss of common property resources, the
Act aims to prevent food insecurity for the displaced population. Judicial
interpretations further underscore the importance of safeguarding the
right to food and livelihood for affected persons, ensuring that the state's
acquisition processes respect and protect these fundamental rights.

3. Temporary acquisition of land

Temporary Acquisition of Land Under the Land Acquisition Act, 2013 (LARR
Act)
Introduction
The Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation, and Resettlement Act, 2013 (LARR Act) aims to regulate
the acquisition of land for public purposes while ensuring the fair
treatment of affected families. While the Act emphasizes permanent
acquisition for long-term development, it also provides provisions for
temporary acquisition of land. Temporary acquisition refers to the
acquisition of land for a short duration, generally for urgent or immediate
needs related to public infrastructure or other temporary requirements.
This article explores the provisions under the LARR Act that govern
temporary acquisition of land, along with relevant sections and judicial
interpretations.
1. Legal Framework for Temporary Acquisition of Land
While the LARR Act, 2013, mainly deals with permanent land acquisition, it
also contains provisions that allow for temporary acquisition under specific
circumstances.
Section 40of the Act provides the legal framework for the temporary use
of land.
Section 40 – Temporary Acquisition
Section 40 of the LARR Act empowers the appropriate government to take
land on a temporary basis, typically for public purposes such as
construction, surveys, or any emergency measures. Temporary land
acquisition does not require permanent transfer of ownership and typically
involves a lease or usage agreement for a limited period. The government
may use the land temporarily for the following:

- Construction of infrastructure projects (such as roads, railways, or public

utilities)
- Emergency needs (like disaster relief or military requirements)
- Public purposes, such as setting up temporary offices, storage sites, or
other facilities for government projects.
Procedure for Temporary Acquisition (Section 40)
The procedure for temporary acquisition is not as extensive as the
permanent acquisition process outlined in the LARR Act. Key elements
include:
1. Notification: The government issues a notification indicating its
intention to acquire land temporarily for a specific purpose.
2. Duration: The government specifies the period for which the land will be
acquired temporarily. This period is generally short, often not exceeding
three years.
3. Compensation: Compensation for temporary acquisition is typically
different from permanent acquisition and often involves payments for the
loss of income or the inconvenience caused by the temporary use of the
land.
4. Restoration: Once the purpose of temporary acquisition is fulfilled, the
land is restored to its original state, and the land is returned to the rightful
owner or user.
2. Impact of Temporary Acquisition on Landowners and Affected Persons
One of the most significant distinctions between permanent and
temporary land acquisition is that temporary acquisition does not result in
a permanent loss of ownership. Landowners are typically compensated for
the inconvenience and loss of use of their land, but they retain ownership
once the government’s purpose for the acquisition ends.
Compensation for Temporary Acquisition
- Section 40(2) of the LARR Act mandates that landowners must be
**compensated** for the temporary use of their land. This compensation
often involves:
-Rent for the land during the period of temporary use.
- Loss of income for agricultural landowners or those relying on the land
for other economic activities.
- Damage to the land if any, during its temporary usage, which is
restored once the temporary use period concludes.
Restoration of Land
Once the temporary acquisition is complete, the government is obligated
to restore the land to its original condition (Section 40(3)). This ensures
that the affected parties are not left in a position worse than before the
acquisition.
3. Key Considerations for Temporary Acquisition
There are several important considerations in the process of temporary
acquisition:
- Non-Permanent Use: The land does not transfer permanently to the
government, and the rights of the original owners are not forfeited.
- Short Duration: The temporary acquisition is for urgent or short-term
needs, such as infrastructure projects or temporary facilities for
government services.
- Economic Loss: Even though temporary acquisition doesn’t result in
permanent loss of land, the landowner still suffers from temporary loss of
income or use, which should be adequately compensated.
4. Case Laws Related to Temporary Acquisition
Though temporary acquisition is less frequently litigated compared to
permanent acquisition, there are several key case laws and judicial
pronouncements that provide insights into its application under the LARR
Act.
Case 1: Union of India v. K.K. Verma (2011)
In this case, the Supreme Court considered the issue of temporary
occupation of land for defense purposes. The Court held that temporary
acquisition for defense or public utility purposes was permissible, provided
the land was restored to its original state within a reasonable time and
that fair compensation was provided for the temporary use of the land.
The case highlighted the importance of timely restoration of land and the
responsibility of the government to ensure that compensation adequately
reflects the temporary nature of the acquisition.
Case 2: S.P. Gupta v. Union of India (1997)
In this case, the Delhi High Court dealt with the issue of temporary land
acquisition for a public project. The Court emphasized that while the
acquisition might be temporary, it should not lead to undue hardship for
the landowners. The Court held that proper compensation should be given
for the period during which the land was used temporarily, and adequate
restoration measures should be in place after the temporary use.
Case 3: T.N. Godavarman Thirumulpad v. Union of India (2006)
This case addressed the issue of land acquired temporarily for the
establishment of forest reserves. The Supreme Court underscored the
need to follow proper procedures for both permanent and temporary land
acquisition. The Court ruled that temporary use must not adversely affect
the environment or the livelihood of the people, and the compensation for
the temporary use should adequately cover any damages to the land.
5. Challenges in Temporary Acquisition
Despite the safeguards provided under Section 40 of the LARR Act,
temporary land acquisition can still lead to several challenges:
- Inadequate Compensation: Often, the compensation for temporary use is
insufficient to cover the loss of livelihood or the inconvenience caused to
landowners. This can lead to dissatisfaction and legal disputes.
- Delay in Restoration: Sometimes, the land may not be restored in a
timely manner, leaving the affected landowners in a prolonged state of
uncertainty and loss.
- Environmental Impact: Temporary acquisition for infrastructure projects
can have adverse effects on the environment, especially when the land is
not properly restored after use.
6. Conclusion
The provision for temporary acquisition under Section 40 of the LARR Act,
2013, is essential for addressing short-term public needs while ensuring
that the land remains with its original owners after the purpose of
acquisition is fulfilled. While the Act outlines compensation and restoration
mechanisms, the application of these provisions must be executed with
care to ensure that the landowners’ interests are protected.
Case law further establishes the need for fair compensation, timely
restoration, and appropriate management of land after temporary
acquisition. The success of temporary acquisition relies not only on legal
provisions but also on the effective implementation of these safeguards to
ensure that public purposes are met without compromising the rights and
livelihood of landowners.
4. Appeal against the award of authority

Appeal Against the Award of Authority Under the Land Acquisition Act,
2013 (LARR Act)
Introduction
The Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation, and Resettlement Act, 2013 (LARR Act) provides a
comprehensive framework for the acquisition of land for public purposes
while ensuring fair compensation and transparency in the process. The Act
allows landowners or other affected persons to appeal against the
decisions made by the authorities, including the compensation awarded.
This right to appeal is essential to ensure that justice is served and that
landowners have a mechanism to contest the award made by the Land
Acquisition Officer (LAO) or the competent authority.
This article explores the appeal process against the award of the authority
under the LARR Act, focusing on the relevant sections and case laws.
1. Overview of the Award Process under the LARR Act
Once the land acquisition process is initiated, the competent authority
(usually the Land Acquisition Officer) determines the compensation for the
affected landowners and others. This process culminates in the issuance
of an award. An award is a formal declaration by the authorities about the
compensation and the terms of land acquisition.
According to Section 26 of the LARR Act, the compensation for the
acquired land should be determined based on the market value of the
land, along with other relevant factors such as the damage to standing
crops, trees, and structures on the land, among others. However, if the
affected party is not satisfied with the award, they are entitled to file an
appeal against it.
2. Appeal Process Under the LARR Act
The appeal process is provided under Section 30 and Section 34 of the
LARR Act, 2013. These sections outline the procedure for appealing the
award made by the competent authority.
Section 30 – Appeal to the Authority
Section 30of the LARR Act gives the affected party the right to appeal to
the Authority if they disagree with the award made by the Land
Acquisition Officer. The relevant provisions under this section are:
- Timeframe for Appeal: The affected person may file an appeal within
**60 days** from the date of receiving the award.
- Grounds for Appeal: The grounds for the appeal include the following:
- Disagreement with the amount of compensation awarded.
- Errors in the calculation of compensation.
- Dispute over the classification of land.
- Inadequate consideration of the socio-economic impact of the
acquisition on the affected parties.
The Authority referred to in Section 30 is typically a revenue officer or a
senior government official designated for this purpose, depending on the
state or local jurisdiction.
Section 34 – Reference to Court
Section 34of the Act allows a further step for those who are dissatisfied
with the decision of the Authority in the appeal process under Section 30.
If the affected party is still not satisfied, they can file an **application to
the District Court** to review the award. This section is vital because it
ensures that the dispute is eventually heard by a higher judicial forum.
- Timeframe for Reference: The reference to the District Court should be
made within six weeks from the date of the decision of the Authority.
- Court’s Role: The District Court has the authority to examine the
compensation awarded, the legal aspects of the land acquisition, and
determine whether the award was made in a manner that is fair and just.
3. Key Considerations in Filing an Appeal
When appealing an award under the LARR Act, several factors must be
considered:
- Fair Market Value: A major ground of appeal is whether the compensation
reflects the fair market value*of the land. Under the LARR Act, the market
value is generally determined based on factors such as the location of the
land, its proximity to urban areas, and the use to which the land is put.
- Standing Crops and Structures: Compensation may also be appealed if
the value of crops or any structures on the land has not been adequately
considered.
- Loss of Livelihood: Land acquisition often leads to the displacement of
communities. Therefore, compensation for rehabilitation and resettlement
is a key issue. An appeal may arise if the affected persons believe they
have not been properly compensated for the loss of livelihood.
- Errors in the Award Process: If the landowner or affected person believes
that procedural errors or unfair practices were followed during the
assessment of compensation, they can appeal on these grounds.
4. Judicial Interpretation and Case Laws
Several key case laws interpret and shape the appeal process under the
LARR Act. These cases highlight the importance of fair compensation,
judicial scrutiny, and the rights of the affected parties.
Case 1: Union of India v. Raghubir Singh (1989)
In this landmark case, the Supreme Court of India dealt with the issue of
fair compensation in land acquisition cases. The Court emphasized that
the compensation should be just and reasonable, not arbitrary or
insufficient. It stressed that the government must adhere to the principles
of natural justice while determining compensation, and the courts should
scrutinize compensation awards to ensure fairness.
The case laid down important guidelines on the appeal process,
specifically the need for compensation to reflect the true value of the land
and the impact of acquisition on the landowner’s livelihood.
Case 2: Narmada Bachao Andolan v. Union of India (2000)
In the Narmada Bachao Andolan case, the Supreme Court addressed the
issue of rehabilitation and compensation in a large-scale land acquisition
for the Sardar Sarovar Dam. The Court observed that the acquisition
process should not leave affected persons in a position worse than before.
The judgment reinforced the need for a fair appeal process, especially in
the context of rehabilitation and resettlement.
The Court ruled that the compensation awarded must be comprehensive,
taking into account both monetary loss and the socio-economic impact on
the displaced persons. This case has been cited in several subsequent
cases regarding the appeal of compensation awards.
Case 3: Bhagat Singh v. Union of India (2004)
The Delhi High Court in Bhagat Singh v. Union of India dealt with a case
where the compensation awarded was challenged. The Court emphasized
the importance of fair determination of market value in land acquisition
cases and ruled that the affected persons have the right to appeal if they
believe the compensation is not in line with the current market value of
the land.
This case reinforced the idea that the appeal process should allow for a
thorough review of the market value assessment and that any flaws in the
process could justify a reassessment.
5. Conclusion
The appeal process under the LARR Act, 2013, provides an important
safeguard for landowners and affected parties in the land acquisition
process. Section 30 and Section 34 of the Act ensure that those
dissatisfied with the award of compensation can seek redress either
through the Authority or, ultimately, through the District Court.
The case laws discussed emphasize that the appeal process should be
accessible, fair, and efficient, ensuring that the compensation awarded is
just and reflective of the true value of the land. The LARR Act aims to
balance the need for land acquisition for public purposes with the
protection of the rights of the affected persons, and the appeal process is
a key component in achieving this balance.
The judicial interpretations reinforce that the government must adhere to
the principles of natural justice and fairness in the land acquisition
process, and affected persons have the right to seek legal recourse when
they believe the compensation is inadequate or unjust.
5. Formal and summary Inquiry
Formal and Summary Inquiry Under the Land Acquisition Act, 2013 (LARR
Act)**
Introduction
The Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation, and Resettlement Act, 2013 (LARR Act) was enacted to
regulate the acquisition of land for public purposes, ensuring fairness,
transparency, and protection of the rights of the affected parties. One of
the key components of the land acquisition process is the inquiry that the
government conducts to determine the compensation and evaluate the
impact of land acquisition on the owners and other stakeholders. The
inquiry is categorized into two types under the LARR Act: formal inquiry
and summary inquiry.
These inquiries are essential mechanisms through which the affected
parties can present their case, ensuring transparency and fairness in the
compensation process. This article discusses the provisions related to
formal inquiry and summary inquiry under the LARR Act, their purposes,
procedures, and judicial interpretations.
1. Formal Inquiry Under the LARR Act
A formal inquires a more structured and detailed process that involves the
Land Acquisition Officer (LAO) assessing various aspects of the
acquisition, including compensation, the nature of the land, the loss of
livelihood, and the impact on the affected families.
Section 5A - Formal Inquiry
Section 5A of the LARR Act provides the framework for a formal inquiry. It
allows the Collector (LAO) to conduct an inquiry when the government
issues a notification for land acquisition under Section 4 of the Act.
The key aspects of a formal inquiry include:
1. Notification: Once the government issues a preliminary notification for
land acquisition under Section 4, the LAO is required to conduct an inquiry
to assess the nature of the land and its value.

2. Hearing of Objections: Section 5A specifically grants affected persons

the right to file objections to the acquisition. Affected parties may object
to the acquisition on the grounds that:
- The land is not needed for public purposes.
- The land is agriculturally productive, and its acquisition will severely
affect the livelihood of the affected persons.
- The compensation offered is inadequate.
3.Right to be Heard: The LAO must give the affected parties a fair
opportunity to present their objections. This formal hearing ensures that
the concerned authorities are fully informed about the potential adverse
impacts of the land acquisition.
4. Report of the Inquiry: After hearing the objections, the LAO prepares a
**report** addressing the points raised by the affected persons and
provides recommendations to the appropriate government on whether the
acquisition should proceed or be modified.
5.Award of Compensation: Based on the findings of the formal inquiry, the
LAO determines the amount of compensation to be paid to the
landowners. This includes the market value of the land, damages for any
loss of crops or structures, and compensation for the loss of livelihood.
The formal inquiry process aims to ensure that the government does not
make arbitrary decisions, and it allows affected individuals to present their
case in a legal and organized manner.
2. Summary Inquiry Under the LARR Act
A summary inquiry* is a less detailed and faster process, usually
employed when the acquisition involves urgent public purposes. It is
conducted for cases where immediate possession of the land is needed,
and the detailed process of formal inquiry might delay the project.
Section 11A - Summary Inquiry
The summary inquiry is governed by Section 11A of the LARR Act, which
allows for a more expedited approach to determining compensation and
the acquisition process. The main characteristics of the summary inquiry
are as follows:
1. Urgency of Acquisition: The summary inquiry process is usually
triggered when the government deems the acquisition to be urgent, for
example, in cases where land is needed for public infrastructure projects
like roads, railways, or emergency development needs.

2. Expedited Process: Unlike the formal inquiry, the summary inquiry

involves a quicker evaluation of the compensation and other aspects of
the acquisition. The Collector may conduct a brief inquiry or may rely on
earlier assessments of land value and impact.
3. Compensation Determination: Under the summary inquiry, the
compensation is determined quickly, and the government may initiate
acquisition with less detailed hearings. However, the affected persons still
have the right to challenge the compensation offered, either through the
appeal process or judicial review.
4. No Detailed Objection Process: In a summary inquiry, there is generally
**no extended period for the filing of objections. The process is designed
to reduce delays, and objections are handled in a more summary manner,
typically resolved by the Collector or the concerned authority.
5. Emergency and Public Purpose: The summary inquiry is often used
when there is an immediate public need for the land, such as for setting
up government institutions, emergency infrastructure, or public utilities.
3. Differences Between Formal and Summary Inquiry

While both formal and summary inquiries aim to assess the value of land
and determine appropriate compensation, they differ in their scope,
procedures, and the rights of affected persons.
| Aspect | Formal Inquiry | Summary Inquiry
| Purpose | Detailed assessment and objection process | Expedited
process for urgent acquisitions |
| Timeframe | Lengthier, allows objections and hearings | Shorter,
designed for quick decisions |
| Objection Process| Affected parties can formally object and participate in
hearings | Limited scope for objections |
| Compensation Assessment | Thorough evaluation of land, crops,
livelihood, etc. | Based on existing assessments or brief evaluation |
| Legal Process| Detailed and structured inquiry | Quicker, less formal,
primarily for urgent needs |
The formal inquiry ensures that all aspects of land acquisition are
thoroughly considered, especially the social and economic impacts. On the
other hand, the summary inquiry prioritizes speed and is often used for
projects that require urgent land acquisition.
4. Judicial Interpretation of Formal and Summary Inquiry
The Supreme Court and various High Courts have emphasized the need
for fairness and transparency in both formal and summary inquiries. The
right to be heard and the right to adequate compensation have been
highlighted as core principles of the land acquisition process.
Case 1: Narmada Bachao Andolan v. Union of India (2000)
In this case, the Supreme Court emphasized the importance of **public
participation** in land acquisition processes, including the formal inquiry.
The Court ruled that a fair and transparent inquiry process is essential to
ensure that the government respects the rights of the affected persons
and that compensation is fair and just.

#### **Case 2: P.K. Verma v. Union of India (2006)**

This case dealt with the issue of whether **summary inquiry** procedures
were being used inappropriately in land acquisition for a large-scale
industrial project. The Court ruled that while the **summary procedure**
is legal, its use must be justified based on the urgency of the project and
the public need. The Court held that even in summary inquiries, the rights
of affected parties must be safeguarded.

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### **5. Conclusion**

The **formal and summary inquiries** under the **LARR Act, 2013** serve
as essential mechanisms in the land acquisition process, ensuring that
affected parties are compensated fairly and transparently. While formal
inquiries provide a detailed and structured approach, the summary inquiry
ensures that urgent public projects can proceed without unnecessary
delays. Both procedures aim to balance the **needs of public
development** with the **rights of landowners** and other affected
individuals. However, it is crucial that the procedural safeguards laid down
in the Act are followed to avoid arbitrary acquisition and to ensure justice
for affected parties.