Section 20 Land Acquisition Act 2013 - Land to Be Marked Out, Measured and Planned
Section 20 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 requires the Collector, after the declaration stage, to cause the land to be marked out and measured unless it has already been marked out under Section 12. If no plan of the land has been made, the Collector must also cause a plan to be prepared.
Section 20 - Land to Be Marked Out, Measured and Planned Including Marking of Specific Areas
The Collector shall thereupon cause the land, unless it has already been marked out under Section 12, to be marked out and measured, and if no plan has been made of the land, a plan shall be made.
Purpose of Section 20
Section 20 provides the physical identification and measurement step that follows the declaration under Section 19. It ensures that the land covered by the acquisition is clearly marked, measured and, where necessary, represented in a plan before the subsequent acquisition proceedings continue.
Collector's Duties Under Section 20
| Duty | Legal position |
|---|---|
| Mark out the land | The Collector must cause the land to be marked out unless it has already been marked out under Section 12. |
| Measure the land | The Collector must cause the land covered by the acquisition proceedings to be measured. |
| Prepare a plan | If no plan of the land has already been made, the Collector must cause a plan to be prepared. |
Relationship Between Section 12 and Section 20
Section 12 operates at the preliminary survey stage. It authorises an officer, together with servants and workmen, to enter upon and survey land, take levels, dig or bore into the sub-soil, determine whether the land is adapted for the proposed public purpose, set out boundaries and the intended line of work, and make necessary marks.
Section 20 applies later in the acquisition process. It recognises that the land may already have been marked out during the Section 12 survey. If it has, Section 20 does not require the same marking exercise to be repeated, although measurement and preparation of a plan where none exists remain part of the Collector's statutory responsibility.
When Does Section 20 Apply?
The words "shall thereupon" connect Section 20 with the declaration procedure immediately preceding it in Section 19. Section 19 provides for the declaration that land is required for a public purpose and for publication of the summary of the Rehabilitation and Resettlement Scheme. Once the statutory declaration stage has been completed, Section 20 provides for marking, measurement and planning of the land.
Why Marking and Measurement Are Important
Marking and measurement identify the physical extent of the land to which the acquisition proceedings relate. A plan, where required, provides a documented representation of the land. These steps support the later statutory processes concerning notice to persons interested, statements of interests, inquiry, valuation and the Collector's award.
What Happens After Section 20?
After the land has been marked out, measured and planned as required, the Act proceeds to the notice and inquiry stages. These provisions enable persons interested in the land to participate in the statutory acquisition process before the Collector determines compensation and makes the award.
Relevant Definitions
The expressions used in Section 20 should be read with Section 3 of the Act. Depending on the context, important definitions include "land", "land owner", "person interested", "affected family", "appropriate Government" and "Requiring Body".
Related Provisions
Section 20 should particularly be read with Section 12, which governs preliminary survey powers and marking at the earlier stage, and Section 19, which governs the declaration and publication of the Rehabilitation and Resettlement summary.
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.