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Questions and Answers
Under what condition can the State Government declare land needed for a public purpose, according to the provided content?
Under what condition can the State Government declare land needed for a public purpose, according to the provided content?
- If the land is specified in an application and is needed for a public purpose outlined in the application.
- If the State Government believes that land included in a plan is needed for any public purpose, except in cases under section 49 and 113A.
- If a draft Regional Plan, Development Plan, or Scheme has been published.
- All of the above. (correct)
What is the time limit from the date of publication of a draft plan within which a declaration for land acquisition must be made, according to the content?
What is the time limit from the date of publication of a draft plan within which a declaration for land acquisition must be made, according to the content?
- Two years
- Six months
- There is no time limit
- One year (correct)
What action does the Collector take upon publication of a declaration under section 19?
What action does the Collector take upon publication of a declaration under section 19?
- Applies for environmental clearance.
- Initiates a fresh survey of the land.
- Engages in negotiations with landowners.
- Proceeds to take order for the acquisition of the land under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. (correct)
According to the content, how is the market value of land determined when acquired for a new town?
According to the content, how is the market value of land determined when acquired for a new town?
In the context of land acquisition, what is the significance of 'the date of publication of the notification of the area as undeveloped area'?
In the context of land acquisition, what is the significance of 'the date of publication of the notification of the area as undeveloped area'?
For land acquired for comprehensive development, which date is used to determine the market value?
For land acquired for comprehensive development, which date is used to determine the market value?
According to the content, under what circumstance can the State Government make a fresh declaration for acquiring land after the initial declaration period has expired?
According to the content, under what circumstance can the State Government make a fresh declaration for acquiring land after the initial declaration period has expired?
When a fresh declaration is made for land acquisition, how is the market value of the land determined?
When a fresh declaration is made for land acquisition, how is the market value of the land determined?
Which Act governs the acquisition of land after a declaration is published under section 19?
Which Act governs the acquisition of land after a declaration is published under section 19?
What is the primary condition that must be satisfied for the State Government to consider an application for land acquisition?
What is the primary condition that must be satisfied for the State Government to consider an application for land acquisition?
According to the content, what is the role of the 'Official Gazette' in the process of land acquisition?
According to the content, what is the role of the 'Official Gazette' in the process of land acquisition?
What is the implication of section 113A with respect to the State Government's opinion on land needed for public purposes?
What is the implication of section 113A with respect to the State Government's opinion on land needed for public purposes?
What modification is applied to the acquisition of land under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, as described in the content?
What modification is applied to the acquisition of land under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, as described in the content?
What happens if a declaration is published that does not align with the provisions outlined in section 19 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013?
What happens if a declaration is published that does not align with the provisions outlined in section 19 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013?
What is the significance of acquiring land for a Special Planning Authority?
What is the significance of acquiring land for a Special Planning Authority?
In the context of sub-section (4), what is the significance of 'notwithstanding anything contained in the proviso to sub-section (2) and sub-section (3)'?
In the context of sub-section (4), what is the significance of 'notwithstanding anything contained in the proviso to sub-section (2) and sub-section (3)'?
If a landowner challenges the valuation of land acquired under a fresh declaration, what recourse is available to them, based on the information provided?
If a landowner challenges the valuation of land acquired under a fresh declaration, what recourse is available to them, based on the information provided?
Based on the content, what is the main factor that would prevent the State Government from acquiring land for a public purpose?
Based on the content, what is the main factor that would prevent the State Government from acquiring land for a public purpose?
According to the content, how are the rights of landowners balanced with the need for land acquisition for public purposes?
According to the content, how are the rights of landowners balanced with the need for land acquisition for public purposes?
What potential impact might the 'interim development plan' have on land value determination, according to the information provided?
What potential impact might the 'interim development plan' have on land value determination, according to the information provided?
Flashcards
Land Acquisition Declaration
Land Acquisition Declaration
If the State Government is satisfied that the land is needed for a public purpose, it may declare it in the Official Gazette, following the procedure in Section 19 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Time Limit for Declaration
Time Limit for Declaration
The declaration must be made within one year from the date of publication of the draft Regional Plan, Development Plan, or any other relevant plan or scheme.
Collector's Role
Collector's Role
Upon declaration publication, the Collector initiates land acquisition under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Market Value Determination
Market Value Determination
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General Market Value Date
General Market Value Date
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Fresh Declaration
Fresh Declaration
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Study Notes
- Upon application receipt, if the State Government is satisfied that the land specified is needed for a public purpose, it can declare this in the Official Gazette, as per section 19 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
- The declaration is considered duly made under the mentioned section.
- No declaration can be made after one year from the publication date of the draft Regional Plan, Development Plan, or Scheme, subject to sub-section (4) provisions.
- Following a declaration under section 19, the Collector will proceed to acquire the land under the Act, with modifications to the market value calculation.
- The market value of the land is determined as follows:
Market Value Scenarios
- For new town acquisitions, the market value is that on the date of publication of the notification constituting or declaring the Development Authority.
- If acquired for a Special Planning Authority, the market value is that on the date of notification of the area as undeveloped.
- In any other case, it is the market value on the publication date of the interim development plan, the draft development plan, or the plan for comprehensive development, whichever is earliest, or the draft Town Planning Scheme.
- If a declaration isn't made within the period of sub-section (2), the State Government can make a fresh declaration to acquire the land under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
- This fresh declaration is subject to the manner provided by sub-sections (2) and (3) of the section.
- The market value for the fresh declaration will be the market value at the date of declaration in the Official Gazette.
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