Podcast
Questions and Answers
Under Section 73(1), which party is eligible to apply for re-determination of compensation based on the Authority's award?
Under Section 73(1), which party is eligible to apply for re-determination of compensation based on the Authority's award?
- Any person whose land was acquired under the same preliminary notification. (correct)
- Only the Collector.
- Only those who initially filed an objection.
- Only the Requiring Body.
According to Section 73(1), what is the deadline for submitting an application for re-determination of compensation?
According to Section 73(1), what is the deadline for submitting an application for re-determination of compensation?
- 30 days from the award of the Authority.
- 3 months from the award of the Authority. (correct)
- No specific time limit.
- 6 months from the award of the Authority.
When calculating the 3-month period under Section 73(1), which time frame is excluded from the calculation?
When calculating the 3-month period under Section 73(1), which time frame is excluded from the calculation?
- Time required for obtaining a copy of the award. (correct)
- Time taken for Collector’s inquiry.
- Time required for land measurement.
- Time spent by the government in fund allocation.
As per Section 73(2), what action is the Collector required to take upon receiving an application?
As per Section 73(2), what action is the Collector required to take upon receiving an application?
According to Section 73(3), what recourse does an individual have if they disagree with the Collector's re-determined compensation?
According to Section 73(3), what recourse does an individual have if they disagree with the Collector's re-determined compensation?
According to Section 74(1), who is entitled to file an appeal to the High Court against an Authority’s award?
According to Section 74(1), who is entitled to file an appeal to the High Court against an Authority’s award?
What is the stipulated time limit for filing an appeal with the High Court in accordance with Section 74(1)?
What is the stipulated time limit for filing an appeal with the High Court in accordance with Section 74(1)?
Under the proviso to Section 74(1), what is the maximum period of extension that the High Court can grant for filing an appeal?
Under the proviso to Section 74(1), what is the maximum period of extension that the High Court can grant for filing an appeal?
According to Section 74(2), what is the expected timeframe within which the High Court should resolve an appeal?
According to Section 74(2), what is the expected timeframe within which the High Court should resolve an appeal?
As per Section 75, how is compensation allocated when multiple individuals have an interest in the land?
As per Section 75, how is compensation allocated when multiple individuals have an interest in the land?
If interested parties reach an agreement on the apportionment of compensation, what does Section 75 stipulate about the resulting award?
If interested parties reach an agreement on the apportionment of compensation, what does Section 75 stipulate about the resulting award?
What action does Section 76 prescribe if a disagreement arises regarding the apportionment of compensation?
What action does Section 76 prescribe if a disagreement arises regarding the apportionment of compensation?
According to Section 77(1), what is the prescribed method for disbursing compensation to landowners?
According to Section 77(1), what is the prescribed method for disbursing compensation to landowners?
Under which of the following circumstances is the Collector not permitted to directly disburse compensation as per Section 77(2)?
Under which of the following circumstances is the Collector not permitted to directly disburse compensation as per Section 77(2)?
If compensation cannot be directly paid, where does Section 77(2) mandate the Collector to deposit it?
If compensation cannot be directly paid, where does Section 77(2) mandate the Collector to deposit it?
According to Section 77, what is the legal implication of receiving compensation 'under protest'?
According to Section 77, what is the legal implication of receiving compensation 'under protest'?
According to Section 77, what is the consequence if a person accepts compensation without any protest?
According to Section 77, what is the consequence if a person accepts compensation without any protest?
According to Section 77, in the event that compensation is mistakenly disbursed to the wrong individual, who bears the responsibility for its return?
According to Section 77, in the event that compensation is mistakenly disbursed to the wrong individual, who bears the responsibility for its return?
Under Section 77, how is a landowner's compensation managed if they are absent?
Under Section 77, how is a landowner's compensation managed if they are absent?
What is the overriding objective of Sections 73-77 within the framework of the Land Acquisition Act?
What is the overriding objective of Sections 73-77 within the framework of the Land Acquisition Act?
Flashcards
Who can apply for re-determination of compensation?
Who can apply for re-determination of compensation?
Any person whose land was acquired under the same preliminary notification.
Time limit for re-determination application?
Time limit for re-determination application?
3 months from the date of the Authority's award.
What time is excluded from the 3-month period?
What time is excluded from the 3-month period?
Time required for obtaining a copy of the award.
Collector's action upon receiving application?
Collector's action upon receiving application?
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Disagreement with re-determined compensation?
Disagreement with re-determined compensation?
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Who can appeal to the High Court?
Who can appeal to the High Court?
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Time limit for filing appeal to High Court?
Time limit for filing appeal to High Court?
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Maximum extension period for appeal?
Maximum extension period for appeal?
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Period for High Court to dispose of appeal?
Period for High Court to dispose of appeal?
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How is compensation apportioned among interested persons?
How is compensation apportioned among interested persons?
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Agreement on apportionment's effect?
Agreement on apportionment's effect?
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What happens if there is a dispute about apportionment?
What happens if there is a dispute about apportionment?
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How compensation is paid to landowners?
How compensation is paid to landowners?
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When can the Collector not directly pay compensation?
When can the Collector not directly pay compensation?
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Where to deposit compensation?
Where to deposit compensation?
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Significance of receiving compensation 'under protest'?
Significance of receiving compensation 'under protest'?
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Effect of accepting compensation without protest?
Effect of accepting compensation without protest?
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Who returns mistakenly paid compensation?
Who returns mistakenly paid compensation?
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How is compensation handled when a landowner is absent?
How is compensation handled when a landowner is absent?
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Objective of Sections 73-77?
Objective of Sections 73-77?
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Study Notes
Section 73(1): Re-determination of Compensation
- An applicant can apply for the re-determination of compensation based on the Authority’s award
- The applicant must be someone whose land was acquired under the same preliminary notification
- The time limit to apply for re-determination of compensation is 3 months from the Authority’s award
- The time required for obtaining a copy of the award is excluded when computing the 3-month period
Section 73(2): Collector Actions Upon Application
- Upon receiving an application, the Collector must conduct an inquiry and provide a hearing opportunity
Section 73(3): Disagreement with Re-determined Compensation
- If a person disagrees with the Collector’s re-determined compensation, they can demand a reference to the Authority for further determination
Section 74(1): Appeal to the High Court
- Both the Requiring Body and any person aggrieved by the Authority’s award can file an appeal to the High Court
- The time limit for filing an appeal to the High Court is 60 days from the Authority’s award
- The High Court may allow a maximum extension period of 60 days for an appeal
Section 74(2): High Court Appeal Disposal
- The High Court should dispose of an appeal within 6 months
Section 75: Compensation Apportionment Among Interested Persons
- Compensation is apportioned as per the mutual agreement of multiple interested persons
- If interested persons agree on compensation apportionment, the award stands as conclusive evidence of correctness
Section 76: Disputes Regarding Apportionment
- If a dispute arises regarding apportionment of compensation, the Collector refers the dispute to the Authority
Section 77(1): Compensation Payment Method
- Compensation is paid to landowners by direct deposit into their bank accounts
Section 77(2): Circumstances Preventing Direct Compensation Payment
- The Collector cannot directly pay compensation when:
- The landowner refuses to accept compensation
- The rightful owner is unknown or legally incapable
- There is a dispute regarding entitlement
- If compensation cannot be paid directly, the Collector must deposit it with the Authority to which a reference under Section 64 would be made
Section 77: Significance of Receiving Compensation Under Protest
- A person can still challenge the compensation amount if compensation is received under protest
- A person cannot file an application if compensation is accepted without protest
Section 77: Erroneous Compensation Payment
- The person who wrongly received compensation is responsible for returning it if compensation is mistakenly paid to the wrong person
Section 77: Handling Compensation for Absent Landowner
- Compensation is deposited with the Authority until claimed if a landowner is absent
Objective of Sections 73-77
- Sections 73-77 ensure fair compensation, appeals, and payment mechanisms in the Land Acquisition Act
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