Section 11 Land Acquisition Act 2013 - Publication of Preliminary Notification and Power of Officers Thereupon
Section 11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 governs the preliminary notification when the appropriate Government considers that land is required or likely to be required for a public purpose.
Meaning of Preliminary Notification under Section 11
A preliminary notification is the statutory notification issued when it appears to the appropriate Government that land in an area is required or is likely to be required for a public purpose. The expressions "appropriate Government" and "public purpose" are governed by the definitions and application provisions of the Act, including Sections 2 and 3.
The notification must identify the land proposed to be acquired in rural or urban areas and must be published through all the modes prescribed by Section 11(1).
Section 11 - Publication Requirements and Legal Effect
Section 11(1) - Modes of Publication
The preliminary notification, together with details of the land proposed to be acquired, is required to be published:
(a) in the Official Gazette;
(b) in two daily newspapers circulating in the locality, one of which must be in the regional language;
(c) in the local language in the Panchayat, Municipality or Municipal Corporation, as applicable, and in the offices of the District Collector, Sub-Divisional Magistrate and Tehsil;
(d) on the website of the appropriate Government; and
(e) in the affected areas in the prescribed manner.
Section 11(2) - Information to Local Institutions
Immediately after the notification is issued, the concerned Gram Sabha or Gram Sabhas at village level, municipalities in municipal areas and Autonomous Councils in Sixth Schedule areas must be informed of its contents at a meeting specially called for that purpose.
Section 11(3) - Information Required in the Notification
The notification must also state the nature of the public purpose, the reasons necessitating displacement of affected persons, a summary of the Social Impact Assessment Report and particulars of the Administrator appointed for rehabilitation and resettlement under Section 43.
Section 11(4) - Restriction on Transactions and Encumbrances
From publication of the preliminary notification until completion of the proceedings under Chapter IV, a person cannot make or cause a transaction in the notified land or create an encumbrance over it. The Collector may exempt an owner in special circumstances on an application, but the reasons must be recorded in writing.
The statute further provides that loss or injury caused by a person's wilful violation of this restriction is not to be made good by the Collector.
Section 11(5) - Updating Land Records
After issuance of the notification under Section 11(1), the Collector must, before the declaration under Section 19, undertake and complete the prescribed exercise of updating land records within two months.
Why Publication in Multiple Modes Matters
Section 11 does not rely on Gazette publication alone. It requires newspaper publication, local-language publication at specified local and revenue offices, online publication by the appropriate Government and publication in affected areas. These requirements are designed to provide notice at both governmental and local levels.
Effect on Sale, Transfer and Encumbrance of Notified Land
Section 11(4) creates a statutory restriction after publication of the preliminary notification. An owner seeking relief from that restriction must apply to the Collector and establish special circumstances. Any exemption granted must be supported by reasons recorded in writing.
Connection with Other Land Acquisition Provisions
Section 11 follows the Social Impact Assessment and food-security stages under Sections 4 to 10. It is followed by the preliminary survey powers under Section 12, payment for damage under Section 13, lapse of the Social Impact Assessment report under Section 14 and hearing of objections under Section 15. The later declaration of acquisition is governed by Section 19.
Official Legal Sources
For the authoritative central statutory text, see the India Code - RFCTLARR Act, 2013. Official material concerning the Act, Rules and land resources administration is also available from the Department of Land Resources, Government of India.
State amendments, rules and notifications may affect the procedure applicable to an acquisition in a particular State. The relevant State law and notifications should therefore also be checked for a specific matter.