Section 29 Land Acquisition Act 2013: Value of Things Attached to Land or Building
Section 29 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 provides for expert assistance in valuing buildings, immovable property, assets, trees, plants and standing crops connected with land being acquired.
Purpose of Section 29
Land acquisition may involve more than the land itself. Buildings, other immovable property, trees, plants, crops and other assets may also have to be valued. Section 29 enables the Collector to use persons with appropriate technical or specialist experience when determining those values.
Section 29 - Determination of value of things attached to land or building
The provision deals with three broad categories: buildings and other immovable property or assets attached to land or buildings; trees and plants attached to acquired land; and standing crops damaged during the land acquisition process.
Valuation under Section 29
Section 29(1): Buildings and other immovable property or assets
When determining the market value of a building and other immovable property or assets attached to the land or building that are to be acquired, the Collector may use the services of a competent engineer or another specialist in the relevant field, as considered necessary.
Section 29(2): Trees and plants
For determining the value of trees and plants attached to the acquired land, the Collector may use experienced persons in agriculture, forestry, horticulture, sericulture or another relevant field, as considered necessary.
Section 29(3): Standing crops
For assessing the value of standing crops damaged during the land acquisition process, the Collector may use the services of experienced persons in agriculture as considered necessary.
Why specialist valuation matters
The nature and value of property attached to acquired land can differ substantially. A building may require engineering assessment, while trees, plantations or crops may require agricultural, forestry, horticultural or other specialist knowledge. Section 29 therefore provides a mechanism for technical assistance where the Collector considers it necessary.
Relationship with compensation under Section 27
Section 27 requires the Collector, after determining the market value of the land, to calculate the total amount of compensation payable to the landowner by including assets attached to the land. Section 29 supplies the specialist valuation mechanism for relevant buildings, property, assets, trees, plants and standing crops.
Relationship with Section 28
Section 28 requires the Collector to consider specified heads of loss when determining compensation, including damage sustained because standing crops and trees are taken. Section 29 complements that provision by permitting specialist assistance in assessing the value of trees, plants and damaged standing crops.
Market value of land and attached assets
The market value of the land itself is determined under Section 26. Section 29 is directed to valuation of the specified property and assets attached to the land or building. These provisions operate as parts of the broader statutory compensation framework.
Key points
- Buildings and other immovable property or attached assets may be valued with assistance from a competent engineer or relevant specialist.
- Trees and plants may be valued with assistance from experienced persons in agriculture, forestry, horticulture, sericulture or another relevant field.
- Standing crops damaged during acquisition may be assessed with assistance from experienced persons in agriculture.
- The resulting valuations form part of the wider compensation determination under the Act.
The Central Act should be read with applicable State rules, notifications, amendments and acquisition-specific orders where relevant.