Land Acquisition Act 2013 - Section 12

Section 12: Preliminary Survey of Land and Power of Officers to Carry Out Survey

Section 12 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 authorises specified preliminary survey activities so that the appropriate Government can determine the extent of land proposed to be acquired. The provision also protects landowners and occupiers through requirements concerning presence and advance notice.

What Section 12 Provides

The purpose of Section 12 is to enable the appropriate Government to determine the extent of land to be acquired. An officer generally or specially authorised by the Government, together with the officer's servants and workmen, may exercise the survey powers specified in the section.

Section 12 - Statutory Provision

For the purposes of enabling the appropriate Government to determine the extent of land to be acquired, it shall be lawful for any officer, either generally or specially authorised by such Government in this behalf, and for his servants and workmen,-

(a) to enter upon and survey and take levels of any land in such locality;

(b) to dig or bore into the sub-soil;

(c) to do all other acts necessary to ascertain whether the land is adapted for such purpose;

(d) to set out the boundaries of the land proposed to be taken and the intended line of the work, if any, proposed to be made thereon; and

(e) to mark such levels, boundaries and line by placing marks and cutting trenches and, where otherwise the survey cannot be completed and the levels taken and the boundaries and line marked, to cut down and clear away any part of any standing crop, fence or jungle.

First proviso: No act under clauses (a) to (e) in respect of land shall be conducted in the absence of the owner of the land or in the absence of any person authorised in writing by the owner.

Second proviso: The specified acts may be undertaken in the owner's absence if the owner has been afforded a reasonable opportunity to be present during the survey by giving at least sixty days' notice prior to the survey.

Third proviso: No person may enter any building, or any enclosed court or garden attached to a dwelling-house, without the occupier's consent unless the occupier has first been given at least seven days' written notice of the intention to enter.

Powers Available During the Preliminary Survey

Entering land to conduct a survey and take levels.
Digging or boring into the sub-soil.
Taking other necessary steps to determine whether the land is suitable for the proposed purpose.
Setting out the boundaries of the proposed acquisition and the intended line of any proposed work.
Placing marks, cutting trenches and, where necessary to complete the survey, clearing part of a standing crop, fence or jungle.

Safeguards for Owners and Occupiers

At least 60 daysAdvance notice is required where the survey is to proceed in the owner's absence after giving the owner a reasonable opportunity to be present.

At least 7 daysWritten notice is required before entry into a building or an enclosed court or garden attached to a dwelling-house without the occupier's consent.

These provisos limit the manner in which survey powers may be exercised. The section therefore combines investigatory powers needed for a proposed acquisition with procedural protection for the owner and occupier.

Meaning of Important Terms

Appropriate Government: This expression is defined in Section 3(e) of the 2013 Act. Which Government is the appropriate Government depends on the nature of the acquisition and the governmental authority concerned.

Land: Section 3(p) defines land to include benefits arising out of land and things attached to the earth or permanently fastened to anything attached to the earth.

Person interested: Section 3(x) contains an inclusive definition covering specified persons claiming interests in compensation, certain rights under forest laws, easements, tenancy rights and other stated interests.

Relationship with Sections 11 and 13

Section 12 appears in Chapter IV of the Act, dealing with notification and acquisition. Section 11 concerns publication of the preliminary notification. Section 13 deals with payment for damage caused when an officer enters land under Section 12.

Official Text and Legal Status

The Act is Central Act No. 30 of 2013, enacted on 26 September 2013 and brought into force on 1 January 2014. For the current official text, amendments, rules and notifications, refer to India Code - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

This article is intended as a general statutory reference. State amendments, rules and notifications may also be relevant to a particular acquisition.