Section 36 of Land Acquisition Act 2013: Power to Call for Records
Section 36 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 gives the appropriate Government supervisory power to call for records of acquisition proceedings before the Collector makes the award referred to in Section 30. The provision enables scrutiny of legality, propriety and procedural regularity, while protecting an affected person through a prior opportunity of hearing before a prejudicial order or direction is issued.
Section 36 - Power to call for records, etc.
The appropriate Government may at any time before the award is made by the Collector under section 30 call for any record of any proceedings (whether by way of inquiry or otherwise) for the purpose of satisfying itself as to the legality or propriety of any findings or order passed or as to the regularity of such proceedings and may pass such order or issue such direction in relation thereto as it may think fit:
Provided that the appropriate Government shall not pass or issue any order or direction prejudicial to any person without affording such person a reasonable opportunity of being heard.
Meaning and scope of Section 36
Section 36 creates a supervisory power in the "appropriate Government" over proceedings conducted before the Collector's award. In practical terms, the Government may obtain the record and examine whether a finding or order is lawful and proper and whether the proceeding has been conducted regularly.
- Who may exercise the power: the appropriate Government under the 2013 Act.
- When it may be exercised: at any time before the award referred to in Section 30 is made by the Collector.
- What may be examined: the record of proceedings, including proceedings by way of inquiry or otherwise.
- Purpose of examination: to satisfy the Government about the legality or propriety of a finding or order and the regularity of the proceedings.
- Result of examination: the Government may pass an order or issue a direction in relation to the proceedings as it thinks fit, subject to the statutory safeguard of hearing.
Reasonable opportunity of hearing
The proviso to Section 36 is an express procedural safeguard. If the proposed order or direction would prejudice a person, the appropriate Government must first afford that person a reasonable opportunity of being heard. The statutory power therefore cannot be used to make a prejudicial decision without complying with this hearing requirement.
Connection with Section 30
Section 36 expressly fixes the outer stage for exercise of the power by referring to the award made by the Collector under Section 30. Section 30 is titled "Award of solatium" and forms part of the statutory scheme for the final award and compensation. Because Section 36 operates before that award is made, the timing of any request for supervisory intervention is important.
Official legal resources
India Code - RFCTLARR Act, 2013
Updated: 3 October 2026. This article is an informational explanation of Section 36 and should be read with the Act, applicable rules, amendments, notifications and judicial decisions.