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Questions and Answers
Under what conditions can the State Government authorize the Collector to take immediate possession of land following a notification under section 126?
Under what conditions can the State Government authorize the Collector to take immediate possession of land following a notification under section 126?
- When the land is required for urban development projects.
- When the land owner is not utilizing the land effectively.
- When it's urgently needed for defense, national security, natural calamities, or other emergencies, as requested by the Planning Authority, Development Authority, or Appropriate Authority. (correct)
- When the Planning Authority requests it for infrastructure projects.
What immediate compensation must the Collector offer when taking possession of land under the urgency clause?
What immediate compensation must the Collector offer when taking possession of land under the urgency clause?
- Compensation equivalent to the market value of the land.
- Compensation for the land and a resettlement package.
- Nominal compensation as determined by the State Government.
- Compensation for standing crops and trees on the land, and for damages caused by sudden dispossession. (correct)
What happens to the rights and encumbrances on the land when the State Government takes possession under the urgency clause?
What happens to the rights and encumbrances on the land when the State Government takes possession under the urgency clause?
- The rights are leased to the State Government for a period of 99 years.
- The rights get transferred to the Planning Authority, Development Authority, or Appropriate Authority
- The rights remain with the owner until full compensation is paid.
- The rights and interests are extinguished, and the land vests with the State Government free from encumbrances. (correct)
According to this document, what action can the Planning Authority, Development Authority, or Appropriate Authority take at the request of the person interested after possession of land is taken under sub-section (1)?
According to this document, what action can the Planning Authority, Development Authority, or Appropriate Authority take at the request of the person interested after possession of land is taken under sub-section (1)?
From which date is the interest calculated on the compensation amount when land possession is taken under sub-section (1)?
From which date is the interest calculated on the compensation amount when land possession is taken under sub-section (1)?
What is the minimum notice period required before the Collector takes possession of land under the urgency clause, after being authorized by the State Government?
What is the minimum notice period required before the Collector takes possession of land under the urgency clause, after being authorized by the State Government?
Who determines the final compensation for the land acquired under the urgency provisions, if the initial offer is not accepted?
Who determines the final compensation for the land acquired under the urgency provisions, if the initial offer is not accepted?
Which authorities can apply to the State Government for urgent possession of land reserved for a public purpose?
Which authorities can apply to the State Government for urgent possession of land reserved for a public purpose?
Under the urgency clause, who is primarily responsible for paying interest and compensation to the land owner?
Under the urgency clause, who is primarily responsible for paying interest and compensation to the land owner?
What specific type of plan must designate the land for a public purpose in order to invoke the urgency clause for possession?
What specific type of plan must designate the land for a public purpose in order to invoke the urgency clause for possession?
If the Collector's offer for the standing crops and trees is not accepted, how it will be accounted for?
If the Collector's offer for the standing crops and trees is not accepted, how it will be accounted for?
According to section 129, which of the following is NOT a valid reason for the State Government to invoke the urgency clause for land acquisition?
According to section 129, which of the following is NOT a valid reason for the State Government to invoke the urgency clause for land acquisition?
After the possession of land is taken by the collector, in whom the land will be vested?
After the possession of land is taken by the collector, in whom the land will be vested?
What should the collector do regarding the standing crops and trees?
What should the collector do regarding the standing crops and trees?
Which section outlines the exceptions regarding compensation of the concerned people, when the collector has authorized the land under urgency clause?
Which section outlines the exceptions regarding compensation of the concerned people, when the collector has authorized the land under urgency clause?
What is the limit of the advance amount that the Planning Authority, or Development Authority, or as the case may be, Appropriate Authority can pay at the request of the person interested?
What is the limit of the advance amount that the Planning Authority, or Development Authority, or as the case may be, Appropriate Authority can pay at the request of the person interested?
Which action should be done by the person, so that the authority can pay an advance not exceeding two-thirds of the amount estimated to be payable to such person on account of the land?
Which action should be done by the person, so that the authority can pay an advance not exceeding two-thirds of the amount estimated to be payable to such person on account of the land?
With respect to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, from what date is the interest calculated for compensation when possession of land is taken under sub-section (1)?
With respect to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, from what date is the interest calculated for compensation when possession of land is taken under sub-section (1)?
Who provides the approval for the authority's application to take possession of land for the purposes outlined in sub-section (1)?
Who provides the approval for the authority's application to take possession of land for the purposes outlined in sub-section (1)?
What is the order that the State government provides called, when authorizing the collector?
What is the order that the State government provides called, when authorizing the collector?
Flashcards
Urgent Land Possession
Urgent Land Possession
When land is urgently needed for public purposes (defence, security, emergencies), the State Government can authorize the Collector to take possession after a 15-day notice.
Compensation for Dispossession
Compensation for Dispossession
Before or during urgent land possession, the Collector must offer compensation for standing crops, trees, and damages from sudden dispossession.
Disputed Compensation
Disputed Compensation
If the compensation offer is not accepted, the value of crops, trees, and other damages will be included when determining overall compensation for the land.
Compensation Payment Timeline
Compensation Payment Timeline
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Advance Land Payment
Advance Land Payment
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Study Notes
- Relates to the possession of land in urgent cases
Conditions for Urgent Possession
- Following the notification under section 126, the State Government can authorize the Collector to take immediate possession of land
- Applies when land is reserved or designated for public use under a Regional or Development plan
- Requires an application from the Planning Authority, Development Authority, or Appropriate Authority
- Applicable for defence purposes, national security, natural disasters, or other emergencies
- Order must be in writing
Process of Taking Possession
- Collector must give a 15 day notice before taking possession
- Once possession is taken, all rights and interests in the land are extinguished from the specified date in the order
- Land vests absolutely in the State Government, free from encumbrances, upon possession
Compensation for Immediate Dispossession
- The Collector must offer compensation for standing crops and trees, as well as for damages caused by the sudden dispossession
- Applies before or during the possession of land
- Compensation is determined as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
- If that offer isn't accepted, the value of crops, trees, and damages are considered when awarding overall compensation
Compensation and Payments After Possession
- The Planning Authority, Development Authority, or Appropriate Authority must pay the owner compensation and interest
- Governed by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
- Interest is calculated from the date of possession until the date of payment
Advance Payment Option
- The Planning Authority, Development Authority, or Appropriate Authority may pay an advance
- Paid at the request of the interested person
- Advance cannot exceed two-thirds of the estimated total amount payable for the land
- An agreement must be executed under section 157 for such advance payments
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