“Land acqusition, rehabiliation and resettlement

authority :establishment and procedure’’

A Project Submitted

To

ARMY INSTITUTE OF LAW, MOHALI

By

ANURAG MOGA (1858)

Under the Guidance

Of

Miss Upagya Sharma (Land law)

In the Partial Fulfilment of The Requirement for The Award of Degree of BA LLB.

Punjabi University, Patiala, Punjab

Submission Year:July-december 2021

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 DECLARATION
It is Certified that the project work presented in this report “ Land acqusition, rehabiliation and
resettlement authority :establishment and procedure ” embodies the result of original research work
carried out by me. All the ideas and references have been duly acknowledged.

Date:22 oct, 2021 ANURAG MOGA

Place: Mohali (1858)

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 ACKNOWLEDGEMENT
This project work would not have been possible without the kind support and help of my
teacher Miss Upagya sharma. I would like to extend my sincere gratitude to her for giving me
the opportunity to do this project on a topic which is not only enriching and interesting but also
a means to increase my patience and hard work. I am also highly indebted to Army Institute of
Law and the library staff for their guidance and constant supervision as well as for providing
the necessary information regarding the project and also for their support in completing the
project.

I would like to express my gratitude towards my parents and friends for their kind co-operation
and encouragement which helped me in completion of this project.

Thank You

Anurag Moga

(1858)

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S no. Topic Page
1 Introduction 5-6
2 Position in India 7
3 Rule against perpetuity 8-9
4 Explanation 9
5 Difference 10
6 Case law 11-13
7 Exception 14

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INTRODUCTION

In India the Government has the power to acquire land for a public purpose. The legislation that
was enacted to govern the same  was very old, having not been changed since the time of the
British and had several lacunae. Most prominently, there were no provisions for compensation
or rehabilitation on acquiring land. This led to the passing of the Right to Fair Compensation
and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 which
replaces the old Act.

The Government of India believed there was a heightened public concern on land acquisition
issues in India. Of particular concern was that despite many amendments, over the years, to
India’s Land Acquisition Act of 1894, there was an absence of a cohesive national law that
addressed fair compensation when private land is acquired for public use, and fair rehabilitation
of land owners and those directly affected from loss of livelihoods. The Government of India
believed that a combined law was necessary, one that legally requires rehabilitation and
resettlement necessarily and simultaneously follow government acquisition of land for public
purposes.

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation

and Resettlement Act, 2013 is a legislation that regulates land acquisition and provides laid
down rules for granting compensation, rehabilitation and resettlement to the affected persons in
India. The Act has provisions to provide fair compensation to those whose land is taken away,
brings transparency to the process of acquisition of land to set up factories or buildings,
infrastructural projects and assures rehabilitation of those affected. The Act will replace
the Land Acquisition Act, 1894, a nearly 120-year-old law enacted during British rule.

Aims and objectives:

The aims and objectives of the Act include:

 To ensure, in consultation with institutions of local self-government and Gram Sabhas a

humane, participative, informed and transparent process for land acquisition
for industrialization, development of essential infrastructural facilities
and urbanization with the least disturbance to the owners of the land and other affected
families
 Provide just and fair compensation to the affected families whose land has been acquired
or are affected by such acquisition

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  Make adequate provisions for such affected persons for their rehabilitation and
resettlement
 Purpose and scope:
The Act aims to establish the law on land acquisition, as well as the rehabilitation and
resettlement of those directly affected by the land acquisition in India. The scope of the Act
includes all land acquisition whether it is done by the Central Government of India, or any State
Government of India, except the state of Jammu & Kashmir.

The Act is applicable when:

 Government acquires land for its own use, hold and control, including land for Public
sector undertakings.
 Government acquires land with the ultimate purpose to transfer it for the use of private
companies for stated public purpose. The purpose of LARR 2013 includes public-private-
partnership projects, but excludes land acquired for state or national highway projects.
 Government acquires land for immediate and declared use by private companies for
public purpose.

Chapter viii of the THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN

LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 deals with
the Establishment of Land Acquisition, Rehabilitation and Resettlement Authority

Section 51 Establishment of Land Acquisition, Rehabilitation and Resettlement Authority

Section 51 deals with the main provisions of establishment of the respective authority,

The main aim and motive behind the making of this authority is for speedy disposal of disputes
relating to the matters of land acquisition, compensation,rehabilitation and resttlement.

Under this section “the Land Acquisition, Rehabilitation and Resettlement Authority”was
established to exercise jurisdiction, powers and the authority conferred under the act of 2013,
the appointement of authority is made by appropriate government and it is mandatory to state
about the territorial jurisdiction of this authority.

Basically the main aim of this appropriate authority is to resolve the matters described under sec
64 of this act.

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Section 64 has provisions regarding the “Reference to authority”,under this a person who has
not accepted the award provided by the appropriate govenment in return of his acquired land for
public /private purpose , then the alleged person can write a written appliaction to the respective
collector. After this the collector refers the matter to the appropriate authority to make an
investigations on the points of person’s objection regarding measurement of land or the amount
of compensation.

Also the collector is bound to refer the matter to the appropriate authority within 30 days from
the date of receipt of appliaction.

Provided that if collector fails to refer the matter within the prescribed time limit then the
applicant can directly apply to the appropriate authority and requesting it to direct the Collector
to make the reference to it within a period of thirty days.

It is mandatory to mention about the grounds of objection by the applicant on the award given
by the collector or the appropriate government.

SECTION 52 Composition of Authority

1. The authority shall consists of one person only who will be appointed by the appropriate
government,and the person so appointed will be called as presiding officer.

2. And under this section the appropriate government may authorize the presiding officer of one
authority to discharge also the functions of the presiding officer of the another Authority.

Section 53 Qualifications for appointment as Presiding Officer

To become an Presiding officer of an appropriate authority:

1. He is or has been a District Judge. Or

2. He is a qualified legal practitioner for not less than seven years.

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It is to be noted that the appropriate government may consults with the Cheif Justice of High
Court under whose jurisdiction the authority is proposed to be established.

Section 54 :Terms of office of Presiding Officer

The presiding officer of an authority shall holds office for a term of three years from the date on
which he enters upon his office or until he attains the age of sixty fiver years, whichever is
earlier.

Example : if presiding officer is of 58 years then he can hold office maximum upto the age of
61 years.

or suppose he may be of 63 years old but he can maximum attains the office till 65 years.

Section 55 Staff of Authority

1. This section laid the provisions regarding the appointment of Registrar and such other
officers and employees as the appropriate government may thinks fit in the authority.The
procedure to appoint these persons should be done by the appropriate government and the
procedure followed is the same as that of presiding officer.

2. The registrar and the other officers and employees of an appropriate authority shall discharge
their functions under the general superintendence or supervision of the Presiding officer, which
means that presiding officer is the head of all other persons appointed in the authority and he is
liable to keep an eye check over the functions performed by them.

3. The salaries and allowances and other conditions of service of the registrar is same of the
Deputy Secretary in Central Government of India.

4. If we talk about the salaries and allowances and other conditions of service of the officers
and employees other than registrar then, they enjoys equivalent privileges as that of equivalent
officers of the Central government.

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Note : section 55 deals with the salaries and allowances of registrar ,other officers or
employees, in other words legal persons other than presiding officer.

Whereas section 56 deals with the provisions regarding salaries and allowances of Presiding
Officers.

Section 56: Salary and allowances and other terms and conditions of service of Presiding
Officers

1. The salary

2. and allowances payable to

3. and the other terms and conditions of service (including pension, gratuity and other
retirement benefits) of the Presiding Officer of an Authority shall be same as applicabe to
District Judge.

Provided that neither the salary and allowances nor the other terms and conditions of service of
the said Presiding Officers shall be varied to their disadvantage after appointment.

Section 57: Filling up of vacancies

It is to be noted that this section doesn’t deal about the temporary absence but it only deals
about the permanent absence. The temporary absence includes all holidays based on health
issues or absence due to some other reasonable circumstances

If office of the Presiding officer of an authority is vacant other than temporary absence, then the
appropriate government shall appoint another person and the proceedings may be continued
before the authority from the stage at which the vacancy is filled.

The new appointed presiding officer shall continue with the same function performed by ex-
presiding officer.

Section 58 Resignation and removal :

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If the presiding officer wants to resign from his post then it is mandatory for him to give a
written legal notice to the appropriate government within appropriate time.

Is is to be noted that generally if any kind of apportionment is made by appropriate government

then the power to approve to the resignation letter also lies in the hands of them only.

It is mandatory to hold the office by presiding officer if appropriate government has not
accepted his resignation letter yet.

If approval of resignation letter is pending than, presiding officer has no authority to relinquish
his office and he will hold it till-

1. The expiry of three months from the date of receipt of such notice or

2. Until a person duly appointed as his successor enters upon his office or

3. Until the expiry of his term of office.

Whichever is earlier.

REMOVAL

The presiding officer of an authority can be only removed by the appropriate government.

Following are the grounds of removal which eed to be proved:

1. Misbehavior or

2. Incapacity

The enquiry should made by a judge of a High Court.

The appropriate government should give a reasonable opportunity of being heard in respect of
the charges informed to him.

Procedure of Investigation
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If there any investigation is going upon presiding officer, then the appropriate government will
direct rules to be followed during the investigation of misbehavior or incapacity if the presiding
officer.

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 BIBLIOGRAPHY
● https://www.academia.edu/
● http:/wikipedia.com/
● https://www.researchgate.net/
● https://www.britannica.com/

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