WB Estate Acquisition Act, 1953

1. Objectives of State WB Acquisition Act,1953

 Estates of Intermediaries or Zamindars were abolished
 Raiyats brought directly under Government
 Fixed Rents paid directly to Government
 Class wise individual ceilings on rent
 Ceiling excess Land vested with State
 Revised Record of Rights and Cadastral Maps

Objectives:-

 To give power to the State to acquire eastates

 To demarket the rights of intermediaries
 To demarket certain rights of raiyats and under raiyats therein
 To highlight the rights of certain other persons in lands compreised in estates

2. Sec 2 (def) - imp defn. s

 Agricultural year- Bengali year commencing on the first day of Baisakh,

 Agricultural land- Land ordinarily used for purposes of agriculture or horticulture and includes such
land that may be lying fallow for the time being.,
 Charitable Purpose- Relief of the poor medical relief or the advancement of education or of any other
object of general public utility,
 Date of vesting- means the date mentioned in the notification declared by the state government from
time to time relating to all estates and the rights of every intermediary in each such estate situated in
any district or part of district specified in the notifications shall vest in the state free from all
encumbrances. Sec 4(1),
 Homestead- Dwelling house together with any courtyard, compound, garden, outhouse, library, walls,
latrines, drains etc. annexed to such dwelling house.,
 Encumbrance- Encumbrance in relation to estates and rights of intermediaries therein shall include all
rights or interests belonging to intermediaries or other persons which relate to lands comprised in
estate or the produce thereof, except in the case of land allowed to be retained by an intermediary
under Sec 6 of present act.,
  Intermediary- The broker or intermediary is he who is employed to negotiate a matter between two
parties. (1) Proprietor, (2) tenure-holder, (3) under-tenure holder, (4) service-tenure-holder, or (5) any
other intermediary above a raiyat or a non-agricultural tenant.,
 Religious Purpose- means a purpose connected with religious worship, teaching or service or any
performance of religious rites.,
 Rent- Whatever is lawfully payable or deliverable in money or kind or both, by a tenant to his
landlord, on account of the use or occupation of the land held by the tenant and includes also money
recoverable under any enactment for the time being enforced as if it was rent

2. Sec 4

Section 4 of the West Bengal Estates Acquisition Act, 1953 states that:

 In the case of lands in a forest or embankment, held by a person other than an intermediary, the
person shall be considered an intermediary for the purpose of compensation assessment.

 The State Government has agricultural lands forming part of different estates.
The West Bengal Estates Acquisition Act, 1953 provides for the acquisition of estates, rights of
intermediaries, and certain rights of raiyats and under raiyats

3. Sec 5 and Sec 5A

Sure, here is an explanation of Sections 5 and 5A of the West Bengal Estate Acquisition Act, 1953:
Section 5: Acquisition of Land for Public Purposes
This section outlines the general procedure for acquiring land for public purposes, including:
 Notification: The government must notify the intention to acquire land by publishing a notification in
the official gazette and newspapers.
 Objection and Inquiry: Any person affected by the proposed acquisition can object to the notification
and request an inquiry. The collector will conduct an inquiry and submit a report to the government.
 Decision: The government will decide whether to proceed with the acquisition based on the inquiry
report and other relevant considerations.
 Payment of Compensation: The government must pay compensation to the affected landowners in
accordance with the provisions of the Act.
Section 5A: Acquisition of Land for Public Purposes by Direct Negotiation
This section provides an alternative procedure for acquiring land for public purposes through direct
negotiation with landowners. This procedure may be faster and more efficient than the procedure under
Section 5.
  Initiation of Negotiations: The government may initiate direct negotiations with landowners for the
acquisition of land.
 Agreement: If an agreement is reached between the government and the landowner, the Collector
will prepare a record of the agreement.
 Payment of Compensation: The government must pay compensation to the landowner in accordance
with the agreement.
Here is a table summarizing the key differences between Sections 5 and 5A:

Feature Section 5 Section 5A

Notification Mandatory Not mandatory

Inquiry Mandatory Not mandatory

Decision Government Government or Collector

Compensation In accordance with Act As per agreement

Speed Slower Faster

Efficiency Less efficient More efficient

In general, Section 5A is a more flexible and expeditious procedure for acquiring land for public purposes.
However, the government may still use Section 5 if it is deemed more appropriate for a particular case.
I hope this explanation is helpful. Please let me know if you have any other questions.

5. Sec 6

Sure, here is an analysis of Section 6 of the West Bengal Estate Acquisition Act, 1953:
Section 6: Intermediary's Right to Retain Certain Lands
This section grants intermediaries the right to retain certain lands after the vesting of estates and rights of
intermediaries in the State government. These lands include:
 Lands occupied by the intermediary for his own use and enjoyment
 Lands which are necessary for the efficient management of the intermediary's estate
 Lands which are required for the cultivation of agricultural crops
 Lands which are necessary for the development of the intermediary's estate
The intermediary must submit a statement to the Collector specifying the lands he intends to retain. The
Collector will then determine whether the lands are eligible for retention and issue a certificate of retention.
The intermediary's right to retain lands is subject to certain conditions, including:
 The intermediary must pay a fixed annual rent to the State government for the retained lands
 The intermediary must not alienate or transfer the retained lands without the consent of the State
government
 The intermediary must use the retained lands for the purposes specified in the certificate of retention
 The intermediary must maintain the retained lands in good condition
The State government may revoke the certificate of retention if the intermediary breaches any of these
conditions.
Here are some key points to note about Section 6:
 The right to retain lands is a valuable right for intermediaries, as it allows them to maintain a stake in
the land they have been managing for generations.
 The conditions attached to the right to retain lands are designed to ensure that the lands are used for
the public good and that intermediaries do not abuse their position.
 The State government retains ultimate control over the retained lands, as it can revoke the certificate
of retention if necessary.
In general, Section 6 provides a fair balance between the interests of intermediaries and the public interest. It
allows intermediaries to retain a stake in the land they have been managing for generations, while also
ensuring that the lands are used for the public good and that intermediaries do not abuse their position.
I hope this analysis is helpful. Please let me know if you have any other questions.
 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resentment
Act, 2013

1.Def of Public Purpose ( Sec 3)

The definition of "public purpose" under the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act) is broad and inclusive. It encompasses
any purpose that is deemed to be for the benefit of the general public. This includes, but is not limited to, the
following:
 Infrastructure development: This includes the construction of roads, highways, railways, airports,
ports, power plants, and other infrastructure projects that are essential for economic development.
 Social infrastructure: This includes the construction of schools, hospitals, colleges, universities, and
other facilities that are essential for providing social services to the public.
 Urban development: This includes the development of new towns, cities, and other urban areas, as
well as the redevelopment of existing urban areas.
 Industrial development: This includes the establishment of new industries and the expansion of
existing industries.
 Environmental protection: This includes the acquisition of land for the purpose of creating forests,
parks, and other protected areas.
 Disaster management: This includes the acquisition of land for the purpose of creating evacuation
routes, constructing relief camps, and other disaster preparedness measures.
The LARR Act also specifically mentions certain activities that are considered to be for public purpose,
including:
 The construction of affordable housing for the poor and the disadvantaged
 The provision of land for resettlement of persons affected by natural disasters or other calamities
 The provision of land for irrigation projects
 The provision of land for drinking water supply and sanitation projects
The definition of "public purpose" under the LARR Act is deliberately broad to ensure that the government
has the flexibility to acquire land for a wide range of purposes that are deemed to be in the public interest.
However, the Act also includes a number of safeguards to prevent the abuse of this power, such as the
requirement for the government to provide fair compensation to affected landowners and to follow a
transparent and participatory process for land acquisition.

2. Section 4-9

Sec 4: Preparation of social impact assessment study

Section 5: Public hearing of SIA

Whenever a Social Impact Assessment is required to be prepared under section 4, the appropriate
Government shall ensure that a public hearing is held at the affected area, after giving adequate publicity
about the date, time and venue for the public hearing, to ascertain the views of the affected families to be
recorded and included in the Social Impact Assessment Report.

Section 6: Publication of Social Impact Assessment study.

(1) The appropriate Government shall ensure that the Social Impact Assessment study report and the Social
Impact Management Plan referred to in sub-section (6) of section 4 are prepared and made available in the
local language to the Panchayat, Municipality or Municipal Corporation, as the case may be, and the offices
of the District Collector, the Sub-Divisional Magistrate and the Tehsil, and shall be published in the affected
areas, in such manner as may be prescribed, and uploaded on the website of the appropriate Government.

(2) Wherever Environment Impact Assessment is carried out, a copy of the Social Impact Assessment report
shall be made available to the Impact Assessment Agency authorised by the Central Government to carry
out environmental impact assessment:

Provided that, in respect of irrigation projects where the process of Environment Impact Assessment is
required under the provisions of any other law for the time being in force, the provisions of this Act relating
to Social Impact Assessment shall not apply.

_______________________

Important question given by ma'am

Q. A dedication of land to Hindu deity is a transfer of land within the meaning of Sec 5A of WB Estate
Acquisition Act.
● Case - Champabiwi vs Panchiram Nathana Siva Bigraha

Case Summary
The case of Champabiwi vs Panchiram Nathana Siva Bigraha (AIR 1964 SC 1154) is a landmark decision of
the Supreme Court of India that established the principle of priority in registered documents.
In this case, Champabiwi, the plaintiff, was the registered owner of a piece of land. Panchiram Nathana Siva
Bigraha, the defendant, also claimed to be the owner of the same land. The defendant had purchased the land
from a third party, who had in turn purchased it from Champabiwi's father.
The plaintiff filed a suit in the High Court of Andhra Pradesh, claiming that the defendant's title to the land
was invalid because it was based on an unregistered document. The High Court held in favor of the plaintiff,
and the defendant appealed to the Supreme Court.
The Supreme Court upheld the decision of the High Court, holding that the registered document of the
plaintiff took precedence over the unregistered document of the defendant. The Court held that the principle
of priority is based on the public policy of protecting property rights and preventing fraud.
Ratio Decidendi
The Supreme Court held that the principle of priority is based on the following considerations:
 The public policy of protecting property rights: Registered documents are more reliable and easier to
enforce than unregistered documents. This is because registered documents are publicly recorded and
are therefore more difficult to forge or alter.
 The public policy of preventing fraud: Registration acts as a safeguard against fraudulent
transactions involving immovable property. By making property transactions publicly recorded, it
becomes more difficult for individuals to claim ownership of property they do not rightfully own.
Conclusion
The decision in Champabiwi vs Panchiram Nathana Siva Bigraha is a significant contribution to the law of
property in India. The principle of priority established by this case has been applied in subsequent cases to
resolve disputes over ownership of immovable property.

Q. Act of 2013 -Compensation

1) Kedar Nath Yadav vs State of WB, 2017 also known as Singhur Case

Decision - SC held that the acquisition of agricultural land for constructing car manufacturing company will
not be for a public purpose but for the benefit of the company and ordered to return land to the farmers.

The Singur land acquisition case was a highly controversial dispute that arose in West Bengal, India, in the
early 2000s. The case involved the proposed acquisition of 997 acres of farmland in Singur, Hooghly
district, by the West Bengal Industrial Development Corporation (WBIDC) for the construction of a Tata
Motors automobile manufacturing plant.

Background
In 2004, the Left Front government of West Bengal, led by the Communist Party of India (Marxist) (CPIM),
announced plans to acquire land in Singur for the construction of a Tata Motors Nano car factory. The
government argued that the factory would create jobs and boost the local economy. However, many farmers
in Singur opposed the acquisition, arguing that it would displace them from their land and destroy their
livelihoods.

Opposition and Protests

The opposition to the land acquisition led to a series of protests and demonstrations in Singur. The protests
were led by Mamata Banerjee, then a member of the opposition Trinamool Congress (TMC) party. Banerjee
promised to return the land to the farmers if her party came to power.

Legal Challenges
The farmers also filed legal challenges against the land acquisition in the Calcutta High Court and the
Supreme Court of India. In 2006, the Calcutta High Court stayed the acquisition process, but the Supreme
Court lifted the stay in 2007.

Shift to Sanand, Gujarat

In 2008, Tata Motors announced that it was abandoning the Singur project and relocating the Nano factory
to Sanand, Gujarat. The company cited the ongoing protests and legal challenges as reasons for its decision.

Supreme Court Ruling

In 2016, the Supreme Court of India ruled that the land acquisition in Singur was "illegal". The Court
ordered the West Bengal government to return the land to the farmers.

Arbitral Tribunal Award

In 2023, an arbitral tribunal awarded Tata Motors compensation of Rs 766 crore for losses incurred in the
Singur project. The West Bengal government has challenged the award in court.

Impact of the Singur Case

The Singur case had a significant impact on Indian politics and economics. It highlighted the importance of
public consultation and consent in land acquisition processes. The case also raised concerns about the power
of corporations and the use of force in land acquisition.
Conclusion
The Singur land acquisition case is a complex and multifaceted issue with far-reaching implications. The
case raises important questions about land rights, development, and the role of government in a democratic
society.

● Public Purpose and Social Impact

The concept of public purpose and social impact is crucial in the context of land acquisition, as it determines
the legitimacy and justification for acquiring private land for public projects. The Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
(RFCTLARR Act), the primary legislation governing land acquisition in India, emphasizes the need for a
clear public purpose and consideration of social impact before acquiring land.
Public Purpose
The RFCTLARR Act defines "public purpose" broadly, encompassing projects that are essential for the
development or infrastructure of the country or state. These projects can include:
1. National highways, roads, and bridges: These projects facilitate transportation and connectivity,
connecting communities and boosting economic activity.
2. Railways and metro systems: These projects improve public transportation and connect major cities,
promoting economic growth and reducing environmental impact.
3. Ports, airports, and other transportation infrastructure: These projects enhance connectivity and
facilitate trade, supporting economic development.
4. Power plants, transmission lines, and renewable energy projects: These projects ensure a reliable and
sustainable energy supply, essential for economic growth and environmental protection.
5. Water supply, irrigation, and sanitation projects: These projects are critical for human health and
well-being, ensuring access to clean drinking water and sanitation facilities.
6. Industrial and mining projects: These projects contribute to industrial growth and resource
extraction, while adhering to environmental regulations.
7. Housing projects for the poor and marginalized: These projects address the housing needs of
vulnerable populations, promoting social equity and inclusive development.
Social Impact Assessment
The RFCTLARR Act mandates a Social Impact Assessment (SIA) for all land acquisition projects. The SIA
is a comprehensive study that evaluates the social, cultural, and environmental impacts of the proposed
project on the affected communities. It assesses factors such as displacement, loss of livelihoods, access to
basic amenities, and potential conflicts with local customs and traditions.
The SIA plays a crucial role in ensuring that the acquisition of land for public purposes does not
disproportionately harm the affected communities. It helps identify mitigation measures and compensation
packages to minimize adverse social impacts and ensure the welfare of the affected people.
Balancing Public Purpose and Social Impact
The RFCTLARR Act strikes a balance between the need for public projects and the protection of
landowners' rights and the interests of affected communities. It mandates a transparent and participatory
process for land acquisition, ensuring that the public purpose for acquiring land is clearly defined and that
the social impact is carefully assessed and mitigated.
By prioritizing public purpose while safeguarding social impact, the RFCTLARR Act aims to promote
sustainable development that benefits both the public and the communities affected by land acquisition. It
emphasizes the need for a fair and just approach to land acquisition, ensuring that the benefits of public
projects are shared equitably and that the rights of landowners and affected communities are protected.

● Producure for acquisition of land (Sec 11)

Section 11. Publication of preliminary notification and power of officer thereupon.

(1) Whenever, it appears to the appropriate Government that land in any area is required or likely to be required
for any public purpose, a notification (hereinafter referred to as preliminary notification) to that effect along with
details of the land to be acquired in rural and urban areas shall be published in the following manner, namely:—

(a) in the Official Gazette;

(b) in two daily newspapers circulating in the locality of such area of which one shall be in the regional language;

(c) in the local language in the Panchayat, Municipality or Municipal Corporation, as the case may be and in the
offices of the District Collector, the Sub-divisional Magistrate and the Tehsil;

(d) uploaded on the website of the appropriate Government;

(e) in the affected areas, in such manner as may be prescribed.

(2) Immediately after issuance of the notification under sub-section (1), the concerned Gram Sabha or Sabhas at
the village level, municipalities in case of municipal areas and the Autonomous Councils in case of the areas
referred to in the Sixth Schedule to the Constitution, shall be informed of the contents of the notification issued
under the said sub-section in all cases of land acquisition at a meeting called especially for this purpose.

(3) The notification issued under sub-section (1) shall also contain a statement on the nature of the public purpose
involved, reasons necessitating the displacement of affected persons, summary of the Social Impact Assessment
Report and particulars of the Administrator appointed for the purposes of rehabilitation and resettlement under
section 43.

(4) No person shall make any transaction or cause any transaction of land specified in the preliminary notification
or create any encumbrances on such land from the date of publication of such notification till such time as the
proceedings under this Chapter are completed:

Provided that the Collector may, on the application made by the owner of the land so notified, exempt in special
circumstances to be recorded in writing, such owner from the operation of this subsection:
Provided further that any loss or injury suffered by any person due to his wilful violation of this provision shall not
be made up by the Collector.

(5) After issuance of notice under sub-section (1), the Collector shall, before the issue of a declaration under
section 19, undertake and complete the exercise of updating of land records as prescribed within a period of two
months.

● Whether under this Act multi-cropped land can be acquired? NO

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement
Act, 2013 (LARR Act) restricts the acquisition of multi-cropped land. Under Section 20(2) of the LARR
Act, the total area of multi-cropped land that can be acquired in a district in a financial year cannot exceed
5% of the total area of such land in the district as per the latest available assessment made by the state
government.
Multi-cropped land is defined as land which is capable of giving a yield of two or more crops in a year, as
per the classification made by the state government. The state government is required to publish a
notification specifying the classification of land as multi-cropped land.
Why is multi-cropped land restricted from acquisition?
The restriction on the acquisition of multi-cropped land is based on the following considerations:
 Protecting food security: Multi-cropped land is essential for food production. Limiting the
acquisition of this land helps to ensure that India's food security is not compromised.
 The livelihood of farmers: Multi-cropped land is the primary source of livelihood for many farmers.
Limiting the acquisition of this land helps to protect the livelihoods of these farmers.
 Minimizing displacement: Multi-cropped land is often located in rural areas where there are few
alternative employment opportunities. Limiting the acquisition of this land helps to minimize the
displacement of people from their land and homes.
In addition to the restriction on the total area of multi-cropped land that can be acquired in a district, the
LARR Act also requires the government to take into account the following factors when deciding whether to
acquire multi-cropped land:
 The availability of alternative land: The government must consider whether there is alternative land
available for the purpose of the acquisition.
 The social and economic impact of the acquisition: The government must consider the impact of the
acquisition on the social and economic well-being of the affected people.
 The potential for rehabilitation of the affected people: The government must have a plan for the
rehabilitation of the affected people, including the provision of alternative land, employment
opportunities, and compensation.
The restrictions on the acquisition of multi-cropped land under the LARR Act are intended to balance the
need for land acquisition for public purposes with the need to protect the rights of farmers and to ensure
food security.

● Competent Authority –

▪ Collector - functions

The competent authority under the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 (LARR Act) is the District Collector.

The District Collector is responsible for the following functions under the LARR Act:
1. Initiating the land acquisition process: The District Collector is responsible for initiating the land
acquisition process by issuing a notification of acquisition.
2. Determining the market value of the land: The District Collector is responsible for determining the
market value of the land to be acquired.
3. Issuing a notice of intention to acquire: The District Collector is responsible for issuing a notice of
intention to acquire to the land owners.
4. Conducting an inquiry: The District Collector is responsible for conducting an inquiry into the
objections raised by the land owners.
5. Prescribing the terms of rehabilitation and resettlement: The District Collector is responsible for
prescribing the terms of rehabilitation and resettlement for the affected families.
6. Issuing a notice of award: The District Collector is responsible for issuing a notice of award to the
land owners, specifying the compensation and the terms of rehabilitation and resettlement.
7. Conducting a social impact assessment (SIA): The District Collector is responsible for conducting a
social impact assessment (SIA) in the affected area.
8. Establishing a rehabilitation and resettlement (R&R) sub-committee: The District Collector is
responsible for establishing a rehabilitation and resettlement (R&R) sub-committee to oversee the
R&R process.
9. Approving the R&R plan: The District Collector is responsible for approving the R&R plan prepared
by the R&R sub-committee.
10. Making payments: The District Collector is responsible for making payments to the land owners and
the affected families.
11. Enforcing the R&R plan: The District Collector is responsible for enforcing the R&R plan and
ensuring that the affected families are rehabilitated and resettled in a satisfactory manner.

▪ Administration of Rehabilitator and Resettlement Act

The competent authority for the administration of rehabilitation and resettlement under the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR
Act) is the Sub-District Magistrate (SDM).
The SDM is responsible for the following functions related to rehabilitation and resettlement under the
LARR Act:
1. Overseeing the implementation of the R&R plan: The SDM is responsible for overseeing the
implementation of the R&R plan prepared by the R&R sub-committee and approved by the District
Collector.
2. Monitoring the progress of R&R: The SDM is responsible for monitoring the progress of R&R and
ensuring that the affected families are rehabilitated and resettled in a timely manner.
3. Grievance redressal: The SDM is responsible for addressing grievances related to R&R, including
complaints about the adequacy of compensation, the quality of housing, and the provision of basic
amenities.
4. Coordinating with other agencies: The SDM is responsible for coordinating with other agencies
involved in R&R, such as the revenue department, the housing department, and the social welfare
department.
5. Submitting reports: The SDM is responsible for submitting reports to the District Collector on the
progress of R&R and any issues that arise during the implementation of the R&R plan.
The SDM plays a crucial role in ensuring that the affected families are rehabilitated and resettled in a
satisfactory manner and that the objectives of the LARR Act are met.
 National Highway Act, 2015

○ Sec 3 - 3(h)

Sure, here is a summary of Sections 3, 3(a), 3(b), 3(c), 3(d), 3(e), 3(f), 3(g), and 3(h) of the National
Highways Act, 2005 (NH Act):
Section 3: Power to acquire land, etc.
Section 3 empowers the Central Government to acquire land for the construction, maintenance,
improvement, or widening of national highways. The Central Government may also acquire land for other
purposes related to national highways, such as the provision of rest areas, service roads, and bypasses.
Section 3(a): Procedure for acquisition of land
Section 3(a) outlines the procedure for acquiring land for national highways. The procedure includes the
following steps:
1. Notification of intention to acquire land: The Central Government must issue a notification in the
official gazette and in local newspapers, stating its intention to acquire land for a national highway
project. The notification must specify the purpose of the acquisition, the extent of land required, and
the location of the affected land parcels.
2. Survey and measurement of land: The Central Government must conduct a survey and measurement
of the land to be acquired. The survey must identify the boundaries of the land parcels and must
record the nature and extent of any existing structures or crops on the land.
3. Publication of notification and hearing of objections: The Central Government must publish a
notification in the official gazette and in local newspapers, specifying the land parcels to be acquired
and the compensation payable to the landowners. Landowners and affected persons have a period of
30 days to file objections to the acquisition.
4. Inquiry by the Sub-District Magistrate: The Sub-District Magistrate (SDM) must conduct an inquiry
into the objections filed by landowners and affected persons. The SDM must submit a report to the
Competent Authority (CA), which is the District Collector.
5. Award by the District Collector: The CA considers the objections, the inquiry report, and any other
relevant information before making an award of compensation. The award must specify the
compensation payable to each landowner and the conditions of the acquisition.
6. Payment of compensation and rehabilitation and resettlement benefits: The Central Government
must pay the compensation to the landowners as per the award. The Central Government must also
provide rehabilitation and resettlement benefits to affected persons who lose their homes or
livelihoods due to the land acquisition.
Sections 3(b) to 3(h): Specific provisions related to land acquisition
Sections 3(b) to 3(h) provide specific provisions related to the acquisition of land for national highways.
These provisions include:
 Power to enter into land where land has vested in the Central Government (Section 3(f)): The Central
Government may enter into and take possession of any land that has vested in it for the purposes of a
national highway project.
 Determination of amount payable as compensation (Section 3(g)): The compensation payable to
landowners for the acquisition of their land must be determined in accordance with the First
 Schedule of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation
and Resettlement Act, 2013 (RFCTLARR Act).
 Deposit and payment of amount (Section 3(h)): The Central Government must deposit the
compensation payable to landowners in the court or otherwise pay it to the landowners as per the
award.
 Competent authority to have certain powers of civil court (Section 3(i)): The CA has certain powers
of a civil court for the purpose of acquiring land for national highways. These powers include the
power to summon and examine witnesses, to require the discovery and production of documents, to
receive evidence on affidavits, and to issue commissions for the examination of witnesses.
 Land Acquisition Act, 1894 not to apply (Section 3(j)): The Land Acquisition Act, 1894 does not
apply to the acquisition of land for national highways. The acquisition of land for national highways
is governed by the NH Act and the RFCTLARR Act.
I hope this summary is helpful. Please let me know if you have any other questions.

○ Procedure of Acquisition of land

Sure, here is the procedure of acquisition of land in the National Highways Act, 2015 (NH Act), along with
the relevant sections:
Procedure of Acquisition of Land in National Highways Act, 2015
1. Site Selection and Land Planning:
The National Highways Authority of India (NHAI) identifies the need for a new highway or an
upgrade of an existing highway. They conduct a detailed survey and prepare a land acquisition plan,
which includes the identification of the land parcels that need to be acquired.
Relevant Sections:
o Section 3A(1) of the NH Act: Power to acquire land
2. Notification of Intention to Acquire:
The NHAI issues a notification in the official gazette and local newspapers, stating its intention to
acquire land for the highway project. The notification specifies the purpose of the acquisition, the
extent of land required, and the location of the affected land parcels.
Relevant Sections:
o Section 3B(1) of the NH Act: Procedure for acquisition of land
o Section 5(1) of the RFCTLARR Act: Declaration of intention to acquire land
3. Objections and Inquiry:
Landowners and affected persons have a period of 30 days to file objections to the land acquisition.
The NHAI conducts an inquiry into the objections and submits a report to the Competent Authority
(CA), which is the District Collector.
Relevant Sections:
o Section 3B(2) of the NH Act: Procedure for acquisition of land
o Section 6 of the RFCTLARR Act: Survey and measurement of land
o Section 7 of the RFCTLARR Act: Publication of notification and hearing of objections
 o Section 8 of the RFCTLARR Act: Inquiry by the Sub-District Magistrate
4. Decision on Acquisition:
The CA considers the objections and the inquiry report and decides whether to proceed with the
acquisition. If the CA decides to proceed, it issues a notice of acquisition, which specifies the land
parcels to be acquired and the compensation payable to the landowners.
Relevant Sections:
o Section 3B(3) of the NH Act: Procedure for acquisition of land
o Section 9 of the RFCTLARR Act: Award by the District Collector
5. Payment of Compensation:
The NHAI pays compensation to the landowners as per the RFCTLARR Act. The compensation
includes the market value of the land, solatium, and other benefits.
Relevant Sections:
o Section 3C of the NH Act: Compensation for acquisition of land
o Section 10 of the RFCTLARR Act: Payment of compensation and rehabilitation and
resettlement benefits
6. Possession of Land:
Once the compensation is paid, the NHAI takes possession of the land and commences construction
of the highway.
Relevant Sections:
o Section 3D of the NH Act: Vesting of land in the Central Government
o Section 11 of the RFCTLARR Act: Possession of land
7. Rehabilitation and Resettlement:
The RFCTLARR Act mandates rehabilitation and resettlement for affected persons who lose their
homes or livelihoods due to the land acquisition. The NHAI provides compensation for relocation
expenses, loss of livelihood, and other losses.
Relevant Sections:
o Section 12 of the RFCTLARR Act: Rehabilitation and resettlement
8. Grievance Redressal:
In case of any disputes or grievances related to land acquisition, compensation, or rehabilitation,
affected persons can approach the Sub-District Magistrate (SDM) or the District Collector. They can
also file a petition in the High Court or the Supreme Court.
Relevant Sections:
o Section 13 of the RFCTLARR Act: Grievance redressal mechanism
I hope this information is helpful. Please let me know if you have any other questions.

○ The compensation in view of the act in determined in accordance with the I schedule of the Right to
Compensation Act.

Yes, that is correct. The compensation for acquisition of land for National Highways is determined in
accordance with the First Schedule of the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act). The First Schedule sets out the
methodology for determining the market value of the land, which is the basis for calculating the
compensation payable to landowners.
The First Schedule of the RFCTLARR Act provides for a two-pronged approach to determining the market
value of land:
 Valuation based on comparable sale prices: The first method is to determine the market value of land
based on comparable sale prices of similar land in the vicinity of the land being acquired. The
competent authority (CA) is required to collect and analyze data on comparable sale prices, taking
into account factors such as the location, size, and quality of the land, as well as the date of the sale.
 Valuation based on registered sale deeds: If comparable sale prices are not available, or if the CA is
not satisfied with the accuracy of the available data, it may use a valuation method based on
registered sale deeds. This method involves analyzing the prices of land that have been sold in
registered sale deeds in the vicinity of the land being acquired.
Once the market value of the land has been determined, the CA is required to add a solatium of 12% to the
market value. The solatium is intended to compensate landowners for the inconvenience and hardship
caused by the land acquisition.
In addition to the market value and solatium, the CA may also award other compensation to landowners,
such as a resettlement and rehabilitation (R&R) package. The R&R package is intended to compensate
landowners for the loss of their homes and livelihoods due to the land acquisition. The R&R package
typically includes a cash compensation, as well as provisions for relocation, housing, and other amenities.
The First Schedule of the RFCTLARR Act provides a comprehensive framework for determining
compensation for land acquisition under the National Highways Act. The Act seeks to ensure that
landowners are fairly compensated for their land, while also balancing the needs of the government to
acquire land for public purposes.
 The urban land (Ceiling and Regulation) Act 1976

Objective:

 Vesting of ceiling excess lands in urban areas and distribution of it for the public interest
 Land held by government of India, State Government and welfare organisation are all exempted from
ceiling limit
 The govt can distribute lands to an individual or organisation such as educational, social, etc for public
interest.
 Urban Land cannot be hold more than 7.5 Katha in West Bengal.
 For Non agricultural land, there is no ceiling limit , Indian citizen, NRI or Company can purchase
 Agricultural Land can be purchased by only Indian citizen, NRI cannot buy it all over India

Status of WB:

 The Urban Land (Ceiling and Regulation) Act, 1976 is still in force in the States of Andhra Pradesh,
Assam, Bihar, Orissa, Maharashtra and West Bengal despite the Government of India having already
repealed the same with effect from January 11, 1999. However, the States of Haryana, Punjab, Uttar
Pradesh, Gujarat, Karnataka, Madhya Pradesh and Rajasthan and all the Union Territories including
National Capital Territory of Delhi, Pondicherry and Chandigarh have enforced the Urban Land
(Ceiling and Regulation) Repeal Act, 1999.
 The land acquired under the 1976 Act vests with the State Governments. Only the State Governments
can dispose of such land as per provisions contained in Section 23 of the said Act.
 As for distribution of ceiling surplus land in rural areas and the setting up of special courts for this
purpose, the subject matter falls within the domain of the State Governments and Union Territory
Administrations.
 However, the State of West Bengal continues to adopt and implement this said legislation for social
benefit and ceiling of urban land.
 The West Bengal government has refused to repeal this Act since it believes that without such form of
legislation the lower income people would be deprived of land ownership and welfare of the common
people cannot be achieved.
 Thus, until a State Legislation of similar nature is brought into force, the State Government has refused
to repeal the Urban Land (Ceiling and Regulation) Act, 1976 and continues to adopt measures under
the same.
Procedure (6-11)

The process for acquiring land under the Urban Land (Ceiling and Regulation) Act, 1976, was outlined in
Sections 4 to 13 of the Act.

Section 4: Identification of Excess Land: The Act empowered the competent authority (CA) to identify
landholdings that exceeded the ceiling limit specified in the Act. The ceiling limit was based on the size of
the family and the location of the land. This was done as per Section 5(a), which defined "excess land".

Section 5: Notification of Intention to Acquire: The CA was required to issue a notification in the official
gazette and in local newspapers, stating its intention to acquire excess land. The notification would specify
the landholdings to be acquired and the reasons for the acquisition. This was per Section 7(1), which
mandated the issuance of a notification.

Section 6: Notice to Landowners: The CA was required to serve a notice to the landowners whose land was
proposed to be acquired. The notice would specify the grounds for acquisition and the procedure for
challenging the acquisition. This was in accordance with Section 7(2), which specified the contents of the
notice.

Section 7: Objections and Inquiry: Landowners and affected persons had a period of 30 days to file
objections to the acquisition. The CA was required to conduct an inquiry into the objections and submit a
report to the District Collector. This was as per Sections 7(3) and 7(4), which outlined the process for
objections and inquiry.

Section 8: Award by the District Collector: The District Collector was required to consider the objections,
the inquiry report, and any other relevant information before making an award of compensation. The award
would specify the compensation payable to each landowner and the conditions of the acquisition. This was
in line with Section 11, which mandated the role of the District Collector in making an award.

Section 9: Payment of Compensation: The CA was required to pay the compensation to the landowners as
per the award. This was in accordance with Section 12, which emphasized the payment of compensation.

Sections 10 and 11: Vesting of Land in the Government and Dispossession of Land: The land would vest in
the government on the date of the expiry of the period of appeal against the award. The government could
take possession of the land after the expiry of the period of appeal against the award. This was per Sections
13(1) and (2).

The Urban Land (Ceiling and Regulation) Act, 1976, was repealed by the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act), which
came into force in 2014. The RFCTLARR Act introduced a more balanced and transparent approach to land
acquisition, providing greater safeguards for landowners and affected persons.

 Sec 2(o)- ‘urban land’ is ‘any land situated within the limits of the urban agglomeration and referred
to as such in the master plan’.,
 Section 6: Filing of statement by persons holding vacant land in excess of the ceiling limit.
A statement declaring the same has to be made under Sec. 6 of the Act. This is done before the competent
authority under the Act. The statement should specify the location, extent, value and nature of the title held
by the person concerned.

 Section 6(1): Liability to file statement before CA for all vacant land & other ceiling limit.
 Section 6(2): Issue of notice upon a person directing him to file statement of his holding as referred
to in sub-section (1).,
 Section 8: Preparation of draft statement as regards vacant land held in excess of ceiling limit. A
draft statement in compliance with Sec. 8 of the Act needs to be made. This contains the name,
address of the person concerned along with all particulars regarding the vacant land and again, the
nature of the title.,
 Section 9: Preparation of final statement as regards vacant land in excess of ceiling limit. A final
statement under Sec. 9 has to be made. This is a draft prepared by the competent authority and
altered in the light of the arguments raised by the person concerned and orders passed thereon.,
 Section 10: Acquisition of vacant land in excess of ceiling limit.
 Section 10(1): Issue of Notification in respect of particulars of vacant land held by the person in
excess of the ceiling limit as shown u/s9. A notification is issued under Sec. 10. After the final
service statement as been made, the competent authority shall issue a notification under Sec. 10(1) of
the Act.

This notification gives out all the particulars regarding the person concerned and the vacant land. A
statement to the effect that the land is to be acquired by the state government. And also a statement asking
all persons who might have a claim in the said land may be personally or through their agents giving
particulars of the nature of their interest in the land.

 Section 10(3): Declaration by the CA that the excess vacant land referred to in the Notification
published under sub-section (1) be deemed to have been acquired by the State Govt. After the
determination of claims, the competent authority shall publish another notification, under clause (3)
in the Official Gazette, declaring the excess vacant land as per specifications in the earlier
notifications under Sec. 10(1) as being acquired by the state. And on the publication of such a
statement, the land shall be deemed to vest absolutely in the state government. As per clause 4 of
sec.10(1), after notifications under sec. 10(1), no person can transfer such land.
 Section 10(5): Taking over possession of Govt. land vested under sub-section (3), by the person
authorised by the CA within stipulated period as provided in this sub-section.

 Section 11: Payment of compensation for vacant land acquired.

 Section 20: Exemption of certain category of vacant land from the preview of the Act -- power of the
State Govt.
  Section 22: Retention of vacant land emergency upon destruction or demolition of any holding or
any holding or any for redevelopment in accordance with the master plan furnished by the
applicant/returnee.
 Section 26: Notice to be given before transfer of vacant lands
 Section 29: Regulation on construction of building with dwelling units (certain restriction imposed).

Birajananda Das Gupta (Deceased) vs. Competent Authority [AIR 1988 Cal 8], the Hon’ble Calcutta
High Court while dealing with the question whether the competent authority under the Urban Land (Ceiling
and Regulation) Act, 1976 can enquire and investigate whether a particular land registered in the Record-of-
rights as agricultural land is actually being used for such said purpose held that Explanation (B) to Section
2(o) of the Act reads- “land shall not be deemed to be used mainly for the purpose of agriculture, if such
land is not entered in the revenue or land records before the appointed day as for the purpose of agriculture.”

The court further held that “land must satisfy two tests —

(1) it must in fact be used mainly for the purpose of agriculture, and

(2) it must also be entered as such in the relevant records. Both the tests must be satisfied and both the user
and the entry as agricultural land must concur.

The provisions, therefore, unmistakably demonstrate that mere entry in the records as agricultural is not, by
itself, at all decisive as to the land being used mainly for the purpose of agriculture within the meaning of
the Urban Land Ceiling Act to justify its exclusion from its operation.
 West Bengal Premises Tenancy Act, 1997

Sec 2,3,4,5,6,7,10,11,12,38,39,40( how ppl can't take advantage of Limitation Act),41

Illustration given in class

There is contractual tenancy agreement b/w A and B and rent was fixed rupees 352 to A( starting from
2001). In 2015 he has stopped paying rent. Notice has been sent to vacate the premise to B. Suit for eviction
in civil court is instituted.

Ans- Use sec 5,6,7,40

Case - Debasis Kaur and Ors vs Amal Boral, 2023

Sure, here is an analysis of the situation in terms of sections 5, 6, 7, and 40 of the West Bengal Premises
Tenancy Act, 1997:

Section 5:
 This section deals with the determination of fair rent. It states that the fair rent of a premises shall be
determined by the Controller in accordance with the provisions of the Act.

 In this case, the fair rent of the premises was fixed at rupees 352 per month when the tenancy
agreement was entered into in 2001.

 Since the rent has not been revised since then, the fair rent of the premises is still rupees 352 per
month.

Section 6:
 This section deals with the grounds on which a tenant can be evicted.

 One of the grounds for eviction is non-payment of rent.

 In this case, B has stopped paying rent since 2015, which is a clear breach of the tenancy agreement.

 Therefore, A has a valid ground for evicting B under Section 6 of the Act.

Section 7:
 This section deals with the procedure for eviction.

 It states that a landlord can evict a tenant only by obtaining an order from the Controller.

 In this case, A has sent a notice to B to vacate the premises, but B has not complied with the notice.

 Therefore, A has to file a suit for eviction in civil court under Section 7 of the Act.

Section 40:
  This section deals with the powers of the Controller.

 The Controller has the power to grant an order for eviction if the tenant is in default of rent.

 In this case, the Controller is likely to grant an order for eviction in favor of A, considering B's
breach of the tenancy agreement by failing to pay rent.

Conclusion:

Based on the analysis of the relevant sections of the West Bengal Premises Tenancy Act, 1997, A has a
strong case for evicting B. The court is likely to rule in favor of A, and B may be ordered to pay outstanding
rent and legal fees. It is important for both parties to seek legal guidance to navigate the eviction process
effectively.
 West Bengal Apartment Ownership Act,1972

 Nature of property- This Act shall apply lo every building which is used, or is proposed to be used,
mainly for residential purposes: Provided that the sole owner or all ihe owners of every such building
shall submit the same lo Ihe provisions of ihis Act by duly executing and registering a Declaration
setting out the particulars referred to in section 10: Provided further that the Slate Government may
exempt by any general or special order any such owner from submitting such building lo Ihe
provisions of this Act.,
 meaning of apartment- "apartment" means part of a property having a direct exit to a road, street or
highway or lo a common area leading to such road, street or highway which together with in
undivided interest in the common areas and Facilities forms an independent '[residential unit, and
includes a flat.],
 common expense- "common expenses" means expenses of administration, maintenance, repair or
replacement of ihe common areas and facilities and all other sums assessed against the apartment
owners by the Association of Apartment Owners;,
 common area and facilities- "common areas and facilities" includes—

(1) the land on which the building is located and all casements, rights and appurtenances belonging lo the
land and Ihe building,

(2) the Foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairs,
stair-ways, fire-escapes and entrances and exits of the building,

(3) the basements, cellars, yards, gardens, parking areas [.shopping centres, schools, garages,] 6 [building or
apartment vacant or occupicd by a tenant or any other person, not being an owner, and transferred or
proposed lo be transferred lo the Association of Apartment Owners] and storage spaces,

(4) ihe premises for the lodging of janitors or persons employed for the management or the property,

(5) installations of common services, such as power, light, gas, hot and cold water, heating, refrigeration, air
conditioning, sewerage, etc.,

(6) the elevators, lanks, pumps, motors, compressors, pipes and ducts and in general all apparatus and
installations existing for common use,

(7) such other common facilities, as may be specially provided for in ihe Declaration,

(8) all other parts of the property necessary or convenient to its existence, maintenance and safely, or
normally in common use;
 The Registration Act,1908

Effect of registration and non-registration and compulsory registration.

The Registration Act of 1908 outlines the legal requirements for registering certain types of documents,
including those related to immovable property. Registration serves as a crucial mechanism for protecting
property rights and preventing fraud.

Effect of Registration:

Registered documents enjoy several benefits under the Registration Act:

1. Priority: Registered documents take precedence over unregistered documents, even if the
unregistered document was executed earlier. This means that a registered purchaser of immovable
property acquires a better title to the property than an unregistered purchaser, even if the unregistered
purchaser acquired the property first.
2. Admissibility in Evidence: Registered documents are admissible as evidence in court without further
proof of execution. This makes them more reliable and easier to enforce in legal disputes.
3. Protection against Fraud: Registration acts as a safeguard against fraudulent transactions involving
immovable property. By making property transactions publicly recorded, it becomes more difficult
for individuals to forge documents or claim ownership of property they do not rightfully own.

Effect of Non-Registration:

Unregistered documents generally have lesser legal force compared to registered documents:
1. Lower Priority: Unregistered documents are subordinate to registered documents, meaning they
cannot take precedence over registered documents. This could lead to potential losses for
unregistered owners in case of disputes or legal proceedings.
2. Limited Admissibility in Evidence: Unregistered documents may not be directly admissible as
evidence in court. This means that the parties involved may need to provide additional proof of
execution or authenticity to establish the validity of the document.
3. Vulnerability to Fraud: Unregistered transactions are more susceptible to fraud as they are not
publicly recorded. This could make it easier for individuals to forge documents or claim ownership
of property they do not rightfully own without proper documentation.

Compulsory Registration:

The Registration Act mandates compulsory registration for certain types of documents, including:
 1. Transfers of immovable property: Documents that transfer ownership of immovable property, such
as sale deeds and gift deeds, must be compulsorily registered.
2. Long-term leases: Leases exceeding one year for immovable property must be compulsorily
registered.
3. Creation of non-possessory mortgages: Non-possessory mortgages, where the mortgagor retains
possession of the property, must be compulsorily registered.
4. Creation of charges: Charges created on immovable property, such as liens or encumbrances, must
be compulsorily registered.
Failure to register these types of documents can lead to legal consequences, including:
1. Invalidity: Unregistered documents may not be enforceable in court and may be considered invalid.
2. Lower Priority: Unregistered documents may be subordinate to registered documents, potentially
affecting property rights.
3. Vulnerability to Fraud: Unregistered transactions are more susceptible to fraud as they are not
publicly recorded.

Conclusion

Registration of documents under the Registration Act of 1908 plays a vital role in safeguarding property
rights, preventing fraud, and ensuring transparency in property transactions. By understanding the effects of
registration and non-registration, individuals can make informed decisions regarding their property dealings
and protect their legal interests.
 West Bengal Building ( Regulation of Promotion of Construction and Transfer by Promoters) Act,
1993

Note on Promoters under West Bengal Building (Regulation of Promotion of Construction and Transfer by
Promoters) Act, 1993

Introduction
The West Bengal Building (Regulation of Promotion of Construction and Transfer by Promoters) Act, 1993
(WBBRPCTPA Act), aims to regulate the activities of promoters engaged in the construction and transfer of
flats or apartments in West Bengal. The Act defines a "promoter" as a person who constructs or causes to be
constructed a building on a plot of land for the purpose of transfer of such building by sale, gift, or otherwise
to any other person or to a company, co-operative society, or association of persons.

Key Provisions
The WBBRPCTPA Act imposes various obligations on promoters, including:
1. Registration: Promoters must register themselves with the Government before commencing
construction of any building for the purpose of transfer of flats or apartments.
2. Submission of Project Plan: Promoters must submit a detailed project plan to the Government,
including information on the location, size, and design of the building, as well as the specifications
of the flats or apartments.
3. Obtaining Necessary Approvals: Promoters must obtain all necessary approvals from the relevant
authorities before commencing construction, such as building permits and environmental clearances.
4. Payment of Deposits: Promoters must collect deposits from prospective buyers in accordance with
the prescribed norms.
5. Execution of Agreements: Promoters must execute agreements with buyers, clearly specifying the
terms and conditions of the sale, including the price, payment schedule, and delivery timeline.
6. Provision of Basic Amenities: Promoters must provide essential amenities to the buyers, such as
water supply, electricity, sewerage, and drainage.
7. Maintenance of Accounts: Promoters must maintain proper accounts of all transactions related to the
project.

Relevant Sections
The following sections of the WBBRPCTPA Act specifically deal with the responsibilities and obligations
of promoters:
 Section 3: Registration of Promoters
 Section 7: Execution of Agreements
 Section 8: Payment of Deposits
 Section 9: Provision of Basic Amenities
 Section 10: Maintenance of Accounts
 Section 11: Inspection of Accounts
 Section 12: Penalties for Non-Compliance
Conclusion
The WBBRPCTPA Act plays a crucial role in protecting the interests of buyers of flats or apartments in
West Bengal by regulating the activities of promoters and ensuring that they adhere to fair practices and
fulfil their obligations. The Act provides a framework for transparency, accountability, and consumer
protection in the real estate sector.
 Real Estate (Regulation and Development) Act, 2016

 Register new real estate projects in the state

 Register real estate agents
 Address complaints from homebuyers, builders, and stakeholders
 Verify project details submitted by developers and promoters
 Improve transparency
 Protect homebuyers

Registration. Sec 2,3,4,5,6,7

 West Bengal Housing Industry Act, 2017

Who is the authority? Authority here means housing establishment regulatory authority established under
subsection 1 of section 20 of the act

A competent authority, however, means the local authority, or any authority created or established under any
law for the time being in force, which exercises authority over land under its jurisdiction and has powers to
give permission for development of such immovable property.

 Promote and regulate the housing sector

 Ensure the transparent and efficient sale of real estate projects, apartments, buildings, and plots
 Protect the interests of consumers in real estate
 Address the needs of homebuyers

Power,
function
role of authority.