Land Acquisition: Sections 65-72

Land Acquisition, Rehabilitation & Resettlement Authority (Sections 65-72)

• Section 65 outlines that the Collector's reference statement to the Authority must include the land's situation and extent (including trees, buildings, or crops), names of interested persons, and compensation awarded/damages paid

• As per Section 65(2), a schedule of notices served and statements made by interested persons must be attached to the Collector’s reference statement

• Section 66 mandates that notice about the Authority’s hearing date must be served to the applicant, all interested persons (except those who accepted compensation without protest), and the Collector (if the objection relates to land area or compensation amount)

• Section 67 restricts the Authority’s scope of inquiry to the interest of persons affected by the objection

• Section 68 states proceedings before the Authority must be conducted in public, allowing participation of legal practitioners

• Section 69(1) states the Authority must verify compliance with Sections 26-30 and Chapter V when determining compensation

• According to Section 69(2), additional compensation of 12% per annum on market value from the date of preliminary notification is awarded

• Section 69(2) states the time during which acquisition proceedings were stayed by a court is excluded while calculating the additional compensation

• As per Section 69(3), a solatium of 100% of total compensation is awarded in addition to market value

• Section 70(1) dictates every award issued by the Authority must include the total amount awarded, grounds for awarding each component of compensation, and the signature of the Presiding Officer

• Section 70(2) clarifies an award by the Authority is legally classified as a decree and judgment under the Code of Civil Procedure, 1908

• Section 71(1) specifies every award must specify the amount of costs incurred in the proceeding, the persons responsible for paying the costs, and the proportion in which costs must be paid

• If the Collector’s award is not upheld by the Authority, the Collector must ordinarily pay the costs

• The Authority can direct that the applicant must bear part of the costs if the applicant made an unreasonably high claim, was negligent in presenting the case, or the Authority finds the claim exaggerated

• Section 72 mandates the Collector pay 9% per annum interest on excess compensation awarded by the Authority from the date of possession until payment

• According to Section 72, if the excess compensation is not paid within one year, the interest rate increases to 15% per annum after one year

• The Authority’s award under Section 70 is considered final unless challenged under Article 226 or 227 of the Constitution in the High Court

• If a person refuses to accept the compensation awarded by the Authority, the money is deposited with the court

• If a person was absent when the Collector passed the award, they must apply for a reference to the Authority within 6 weeks from notice under Section 21 or 6 months from award, whichever is earlier

• The primary function of the Land Acquisition, Rehabilitation & Resettlement Authority is to resolve disputes regarding compensation, rehabilitation, and resettlement