Section 21 Land Acquisition Act 2013: Notice to Persons Interested

Section 21 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 deals with the notice that the Collector must publish and serve after measurement of the land. It enables persons interested in the land to place their claims for compensation, rehabilitation and resettlement, and objections to measurements before the Collector.

In brief: the Collector must publish a public notice on the website and at convenient places on or near the land, identify the land required, invite interested persons to appear and state their interests and claims, and serve notice on occupiers and known or believed interested persons in the manner prescribed by Section 21.

What Section 21 means

Section 21 forms part of the acquisition procedure under Chapter IV of the 2013 Act. After the land is marked out, measured and planned under Section 20, Section 21 requires the Collector to give notice so that persons having an interest in the land can participate in the compensation and rehabilitation and resettlement process.

The notice is important because it calls upon interested persons to disclose the nature of their interest, quantify and particularise their compensation claims, make rehabilitation and resettlement claims, and raise objections, if any, to measurements made under Section 20.

Section 21 - Notice to persons interested

Sub-section (1): The Collector is required to publish the public notice on the Collector's website and cause public notice to be given at convenient places on or near the land proposed to be taken. The notice states the Government's intention to take possession and invites claims relating to compensation and rehabilitation and resettlement for interests in the land.

Sub-section (2): The public notice must give particulars of the land and require persons interested to appear personally, through an agent, or through an advocate before the Collector at the stated time and place. The appearance date must be not less than thirty days and not more than six months after publication. Interested persons are required to state the nature of their interests, their compensation claims, their rehabilitation and resettlement claims, and any objections to measurements made under Section 20.

Sub-section (3): The Collector may require the statement referred to in sub-section (2) to be made in writing and signed by the party or the party's agent.

Sub-section (4): The Collector must also serve notice to the same effect on the occupier, if any, and on persons known or believed to be interested in the land, or entitled to act for such persons, where they reside or have agents authorised to receive service within the revenue district in which the land is situated.

Sub-section (5): Where an interested person resides elsewhere and has no such agent, the Collector must ensure that notice is sent by post to the person's last known residence or place of business and is also published in at least two national daily newspapers and on the Collector's website.

The paragraphs above are an explanatory restatement. For the authoritative statutory text, refer to the official India Code version of the Act.

Key requirements of a Section 21 notice

Publication: notice on the Collector's website and at convenient places on or near the land.
Land particulars: sufficient particulars of the land required for acquisition.
Opportunity to appear: personally or through an agent or advocate.
Time window: the stated appearance date must fall between thirty days and six months after publication of the notice.
Claims: details of the person's interest, compensation claim, and rehabilitation and resettlement claim.
Measurement objections: an opportunity to object to measurements made under Section 20.
Individual service: service on the occupier and persons known or believed to be interested, subject to the statutory service provisions.

Who is a person interested?

Section 3(x) of the 2013 Act gives the expression person interested an inclusive meaning. It covers persons claiming an interest in compensation payable on account of acquisition and also includes specified categories such as Scheduled Tribe and other traditional forest dwellers who have lost recognised forest rights, persons interested in an easement affecting the land, persons having tenancy rights under relevant State laws, and persons whose primary source of livelihood is likely to be adversely affected.

How Section 21 fits into the acquisition process

Section 21 is linked to the immediately surrounding provisions. Section 20 concerns marking out, measurement and planning of the land. Section 22 empowers the Collector to require and enforce statements regarding names and interests. Section 23 then provides for the Collector's enquiry into objections, measurements, value and the respective interests of persons claiming compensation, followed by the land acquisition award.

Practical point: a person receiving a Section 21 notice should carefully verify the land particulars and measurements and place the nature of the claimed interest, compensation particulars, rehabilitation and resettlement claims, and any measurement objections before the Collector within the notice process. Applicable State rules, notifications and case-specific facts may also affect procedure.

Official legal sources

The central statute is the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - India Code. Central rules and related material are also available through the Department of Land Resources, Government of India.

Related provisions

Continue with Section 22 - Power to require and enforce statements as to names and interests and Section 23 - Enquiry and land acquisition award by Collector.