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Questions and Answers
Under Section 58, a Presiding Officer of the Authority can resign by:
Under Section 58, a Presiding Officer of the Authority can resign by:
- Informing the Chief Justice of the relevant High Court.
- Providing a written notice to the appropriate Government. (correct)
- Automatically resigning after a three-month notice period to the Authority.
- Submitting a verbal resignation to the District Magistrate.
What is the effect of submitting a resignation notice by the Presiding Officer, according to Section 58?
What is the effect of submitting a resignation notice by the Presiding Officer, according to Section 58?
- The Presiding Officer must continue in office for 3 months or until a successor is appointed, whichever is earlier. (correct)
- The Presiding Officer is automatically relieved from duties after a six-month period.
- The resignation is effective immediately upon submission.
- The resignation requires Supreme Court approval to take effect.
According to Section 59, which statement is accurate concerning the appointment of the Presiding Officer?
According to Section 59, which statement is accurate concerning the appointment of the Presiding Officer?
- The proceedings of the Authority are invalidated if there is any defect in its constitution.
- A civil court retains the jurisdiction to adjudicate challenges to the appointment.
- The appointment is subject to judicial review by the High Court.
- The appointment cannot be questioned in any manner before any forum. (correct)
Under Section 60, which power does the Authority NOT possess?
Under Section 60, which power does the Authority NOT possess?
According to Section 64, what action should the Collector take when an interested party objects to a compensation award?
According to Section 64, what action should the Collector take when an interested party objects to a compensation award?
If an interested party was present during the Collector's award, what is the time limit to request a reference to the Authority under Section 64?
If an interested party was present during the Collector's award, what is the time limit to request a reference to the Authority under Section 64?
If an applicant was not present during the Collector’s award, what is the deadline for applying for a reference under Section 64?
If an applicant was not present during the Collector’s award, what is the deadline for applying for a reference under Section 64?
If the Collector fails to make a reference to the Authority within 30 days, what recourse does the applicant have?
If the Collector fails to make a reference to the Authority within 30 days, what recourse does the applicant have?
What information must the Collector include when making a reference to the Authority, as specified under Section 65?
What information must the Collector include when making a reference to the Authority, as specified under Section 65?
What procedure does the Authority follow upon receiving a reference according to Section 66?
What procedure does the Authority follow upon receiving a reference according to Section 66?
According to Section 67, what is the scope of inquiry for the Authority?
According to Section 67, what is the scope of inquiry for the Authority?
How are proceedings before the Authority to be conducted, as stipulated under Section 68?
How are proceedings before the Authority to be conducted, as stipulated under Section 68?
Under Section 69, when determining compensation, compliance is mandatory with:
Under Section 69, when determining compensation, compliance is mandatory with:
Under Section 69(2), what additional compensation is the Authority required to award?
Under Section 69(2), what additional compensation is the Authority required to award?
When calculating the additional compensation under Section 69(2), which period is specifically excluded?
When calculating the additional compensation under Section 69(2), which period is specifically excluded?
What amount of solatium is awarded according to Section 69(3)?
What amount of solatium is awarded according to Section 69(3)?
What primary role does Chapter VIII, encompassing Sections 58-69, assign to the Land Acquisition, Rehabilitation & Resettlement Authority concerning land disputes?
What primary role does Chapter VIII, encompassing Sections 58-69, assign to the Land Acquisition, Rehabilitation & Resettlement Authority concerning land disputes?
Within what timeframe must the Authority dispose of cases referred to it under Section 64?
Within what timeframe must the Authority dispose of cases referred to it under Section 64?
How many days after making an award does the Authority have to deliver copies to the involved parties, according to Section 61?
How many days after making an award does the Authority have to deliver copies to the involved parties, according to Section 61?
According to Section 63, which court(s) have the jurisdiction to hear disputes related to land acquisition?
According to Section 63, which court(s) have the jurisdiction to hear disputes related to land acquisition?
Flashcards
Presiding Officer Resignation
Presiding Officer Resignation
Resignation must be a written notice submitted to the appropriate Government.
Resignation Effective Period
Resignation Effective Period
The Presiding Officer must continue for 3 months or until a successor is appointed, whichever is earlier.
Presiding Officer Appointment Validity
Presiding Officer Appointment Validity
The appointment cannot be questioned in any manner.
Authority's Powers NOT Included
Authority's Powers NOT Included
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Case Disposal Time Limit
Case Disposal Time Limit
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Award Copy Delivery Timeline
Award Copy Delivery Timeline
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Courts for Land Acquisition Disputes
Courts for Land Acquisition Disputes
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Role of the Collector
Role of the Collector
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Time Limit to Request Reference (Present Applicant)
Time Limit to Request Reference (Present Applicant)
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Time Limit to Request Reference (Absent Applicant)
Time Limit to Request Reference (Absent Applicant)
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Collector Fails to Make Reference
Collector Fails to Make Reference
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Details Included in Reference
Details Included in Reference
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Authority Action After Receiving Reference
Authority Action After Receiving Reference
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Scope of Authority’s Inquiry
Scope of Authority’s Inquiry
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Proceedings Conducted
Proceedings Conducted
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Compliance Required When Determining Compensation
Compliance Required When Determining Compensation
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Additional Compensation Awarded
Additional Compensation Awarded
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Period Excluded
Period Excluded
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Solatium Awarded
Solatium Awarded
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Primary Function of the Authority
Primary Function of the Authority
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Study Notes
- These notes cover sections 58-69 of the Act, relating to the Land Acquisition, Rehabilitation & Resettlement Authority.
Resignation of Presiding Officer (Section 58)
- The Presiding Officer can resign by submitting a written notice to the appropriate Government.
- After submitting a resignation notice, the Presiding Officer must continue in office for 3 months, or until a successor is appointed, whichever is earlier.
Validity of Appointment (Section 59)
- The appointment of the Presiding Officer cannot be questioned in any manner.
- Defects in the Authority's constitution do not invalidate its proceedings.
- A civil court does not have jurisdiction to review the appointment.
Powers of the Authority (Section 60)
- The Authority has the power to summon and enforce the attendance of witnesses.
- The Authority has the power to issue commissions for the examination of witnesses.
- The Authority does not have the power to grant an injunction against land acquisition proceedings.
- The authority has the power to review its own decisions and orders.
Time Limit for Case Disposal (Section 64)
- The Authority must dispose of cases referred to it within 6 months.
Award Delivery (Section 62)
- The Authority must deliver copies of its award to the concerned parties within 15 days of making the award.
Court Jurisdiction (Section 63)
- The High Court under Articles 226 & 227 and the Supreme Court can hear disputes related to land acquisition.
Role of the Collector (Section 64)
- The Collector refers disputes to the Authority when an interested party objects to an award.
- The role of the collector is not to directly decide compensation disputes.
- The role of the collector is not to settle disputes without involving the Authority.
- The role of the collector is not to act as the final decision-making authority.
Time Limit for Reference Request (Section 64)
- If the applicant was present at the time of the Collector’s award, they must request a reference to the Authority within 6 weeks.
- If the applicant was not present at the time of the Collector’s award, they must apply for a reference within 6 weeks from notice under Section 21, or 6 months from the award, whichever is earlier.
- If the Collector fails to make a reference within 30 days, the applicant can directly approach the Authority.
Details for Reference (Section 65)
- When making a reference to the Authority, the Collector must include the land’s situation and extent, the names of interested persons, and the amount of compensation awarded.
Authority's Action After Reference (Section 66)
- After receiving a reference, the Authority serves a notice to all concerned parties for a hearing.
- The authority does not issue stay orders on land acquisition.
- The authority does not directly decide the matter without notice.
- The authority does not refer the matter back to the Collector.
Scope of Inquiry (Section 67)
- The scope of the Authority’s inquiry is restricted to the interests of the persons affected by the objection.
- The scope is not restricted to the public purpose of land acquisition
- The scope is not restricted to the validity of the government’s decision to acquire land
- The scope is not restricted to policy decisions on resettlement
Conduct of Proceedings (Section 68)
- Proceedings before the Authority must be conducted publicly, allowing legal practitioners to participate.
Compensation Determination (Section 69)
- When determining compensation, the Authority must ensure compliance with Sections 26-30 and Chapter V.
- The Authority must award an additional compensation of 12% per annum on the market value of land from the date of preliminary notification.
- The period during which court stays acquisition proceedings is excluded when calculating additional compensation under Section 69(2).
- The solatium awarded under Section 69(3) is 100% of the total compensation.
Primary Function
- The primary function of the Land Acquisition, Rehabilitation & Resettlement Authority is the speedy resolution of land acquisition, compensation, and resettlement disputes.
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