Land Acquisition Act 2013 / Section 23

Section 23 Land Acquisition Act 2013: Enquiry and Land Acquisition Award by Collector

Section 23 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 governs the Collector's enquiry and the making of the land acquisition award.

What is Section 23 of the Land Acquisition Act 2013?

Section 23 is titled "Enquiry and land acquisition award by Collector." It forms part of Chapter IV of the 2013 Act dealing with notification and acquisition. After notice to persons interested under Section 21, the Collector conducts the statutory enquiry and makes the acquisition award.

The provision requires consideration of objections to measurements made under Section 20, the value of the land at the relevant statutory date, and the respective interests of persons claiming compensation and rehabilitation and resettlement benefits.

In practical terms: Section 23 is the stage at which the Collector examines the relevant claims and objections and records the award concerning the area of land, compensation and its apportionment among interested persons.

Section 23 - Enquiry and Land Acquisition Award by Collector

On the day fixed for the enquiry, or on an adjourned day, the Collector is required to enquire into objections, if any, raised by a person interested pursuant to the notice under Section 21 concerning the measurements under Section 20. The enquiry also concerns the value of the land at the date of publication of the relevant notification and the respective interests of persons claiming compensation and rehabilitation and resettlement.

The Collector then makes an award under his hand covering:

  1. True area of the land: the award records the actual area of the land being acquired.
  2. Compensation and rehabilitation and resettlement: compensation is determined under Section 27, together with the Rehabilitation and Resettlement Award determined under Section 31.
  3. Apportionment: the award specifies the distribution of compensation among persons known or believed to be interested in the land, including persons whose claims are known to the Collector whether or not they appeared before him.

Important Provisions Connected with Section 23

Section 20 - Measurement of land

Section 20 concerns marking out, measurement and planning of the land, including the marking of specific areas. Section 23 expressly requires the Collector to consider objections made to measurements under Section 20.

Section 21 - Notice to persons interested

Section 21 provides for notice to persons interested. Claims and objections made pursuant to that notice become relevant to the enquiry under Section 23.

Section 27 - Determination of compensation

Section 27 deals with determination of the amount of compensation. Section 23 expressly links the Collector's award to the compensation determined under Section 27.

Section 31 - Rehabilitation and Resettlement Award

Section 31 provides for the Rehabilitation and Resettlement Award for affected families by the Collector. Section 23 requires this award to accompany the compensation component referred to in the land acquisition award.

What Does the Collector Examine Under Section 23?

Time Limit for the Award

Section 23 should be read with Section 25, which prescribes the period within which the Collector's award is to be made. The acquisition provisions should therefore be read together rather than Section 23 being treated as an isolated procedural step.

Official Legal Reference

The official central legislation is the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013). The Act came into force on 1 January 2014. Readers should also check applicable State amendments and rules because land acquisition procedure can be affected by State-specific legislation.

This article is a general statutory reference. For a particular acquisition, verify the applicable Central Act, State amendments, rules, notifications and case-specific documents.