Section 19 Land Acquisition Act 2013 - Publication of Declaration and Rehabilitation and Resettlement Summary
Section 19 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 governs the formal declaration that land is required for a public purpose and requires publication of a summary of the Rehabilitation and Resettlement Scheme. It also prescribes publication methods, required particulars and the general twelve-month period for making the declaration after the preliminary notification under Section 11.
Section 19 - Publication of Declaration and Summary of Rehabilitation and Resettlement
Sub-section (1): When the appropriate Government, after considering the report, if any, made under Section 15(2), is satisfied that particular land is needed for a public purpose, a declaration is made to that effect. An area identified as the "resettlement area" for rehabilitation and resettlement of affected families is also declared. The declaration is made under the hand and seal of a Secretary to the Government or another officer duly authorised to certify its orders. Different declarations may be made from time to time for different parcels covered by the same preliminary notification.
Sub-section (2): The Collector must publish a summary of the Rehabilitation and Resettlement Scheme along with the declaration. No declaration may be made unless that summary is published with it and unless the Requiring Body deposits the prescribed amount, in full or part, towards the cost of acquisition. The Requiring Body must deposit the amount promptly so that the declaration can be published within twelve months from publication of the preliminary notification under Section 11.
Sub-section (3): Where land is acquired in stages, the acquisition application may specify different stages for rehabilitation and resettlement, and declarations are to be made according to those stages.
Sub-section (4): Every declaration must be published in the Official Gazette, in two daily newspapers circulating in the locality with at least one in the regional language, in the local language at the specified local bodies and government offices, on the appropriate Government's website, and in the affected areas in the prescribed manner.
Sub-section (5): The declaration must indicate the district or other territorial division where the land is situated, the purpose for which it is needed, its approximate area and, where a plan has been made, the place where that plan may be inspected without cost.
Sub-section (6): The declaration is conclusive evidence that the land is required for a public purpose, after which the appropriate Government may acquire the land in the manner specified by the Act.
Sub-section (7): If no declaration is made within twelve months from the preliminary notification, that notification is deemed to have been rescinded. Time during which acquisition proceedings were held up by a court stay or injunction is excluded. The appropriate Government may extend the twelve-month period where circumstances justify it, but the decision must be recorded in writing, notified and uploaded on the website of the authority concerned.
When Can the Section 19 Declaration Be Made?
The declaration follows the preliminary notification under Section 11 and the objection process under Section 15. Before making the declaration, the appropriate Government must be satisfied that the particular land is needed for a public purpose after considering the Collector's report under Section 15(2), where such a report has been made.
Conditions Linked to the Declaration
| Requirement | Section 19 position |
|---|---|
| Public purpose | The appropriate Government must be satisfied that the particular land is needed for a public purpose. |
| Resettlement area | The declaration is accompanied by declaration of an area identified as the resettlement area for rehabilitation and resettlement of affected families. |
| R and R summary | The Collector must publish a summary of the Rehabilitation and Resettlement Scheme along with the declaration. |
| Deposit by Requiring Body | The prescribed amount towards the cost of acquisition must be deposited in full or part as prescribed by the appropriate Government. |
| Time limit | Subject to the statutory exclusions and extension power, the declaration must be made within twelve months from publication of the Section 11 preliminary notification. |
Publication of the Declaration
Section 19(4) requires multiple modes of publication so that the declaration is available through official, local and online channels.
| Mode | Publication requirement |
|---|---|
| Official Gazette | The declaration must be published in the Official Gazette. |
| Newspapers | It must be published in two daily newspapers circulating in the locality, with one newspaper in the regional language. |
| Local offices | It must be published in the local language in the Panchayat, Municipality or Municipal Corporation and at the offices of the District Collector, Sub-Divisional Magistrate and Tehsil. |
| Government website | The declaration must be uploaded on the website of the appropriate Government. |
| Affected areas | It must also be published in the affected areas in the manner prescribed by the applicable rules. |
Details That the Declaration Must Contain
Every Section 19 declaration must identify the district or other territorial division in which the land is situated, state the purpose for which the land is needed and specify its approximate area. If a plan has been prepared for the land, the declaration must also state where the plan may be inspected without cost.
Conclusive Evidence of Public Purpose
Under Section 19(6), the declaration is conclusive evidence that the land is required for a public purpose. Once the declaration has been made, the appropriate Government may proceed to acquire the land in accordance with the procedure laid down by the Act.
Twelve-Month Time Limit and Rescission
Section 19(7) provides that where no declaration is made within twelve months from the date of the preliminary notification, the preliminary notification is deemed to have been rescinded. This period is subject to two important statutory qualifications.
First, any period during which acquisition proceedings were held up because of a stay or injunction ordered by a court is excluded when computing the twelve months. Second, the appropriate Government may extend the period if circumstances justify an extension. The extension decision must be recorded in writing, notified and uploaded on the website of the authority concerned.
Relationship With Sections 16 to 18
Section 16 provides for preparation of the draft Rehabilitation and Resettlement Scheme, Section 17 provides for review and submission for approval, and Section 18 requires the approved Scheme to be made public. Section 19 then requires a summary of that Scheme to accompany the formal declaration.
What Happens After Section 19?
After the declaration, Section 20 deals with marking out, measuring and planning the land, including marking specific areas.
Relevant Definitions
The expressions in Section 19 should be read with Section 3. Important defined concepts include "affected family", "appropriate Government", "Requiring Body" and other terms relevant to acquisition, rehabilitation and resettlement.
Official Legal Sources
This article explains the central statutory provision for general legal information. State amendments, applicable rules, notifications, judicial decisions and the facts of a particular acquisition may affect the legal position in an individual matter.