Section 39 Land Acquisition Act 2013 - Additional Compensation for Multiple Displacements

Section 39 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 protects families that have already been displaced by the appropriate Government under the Act. As far as possible, such a family should not be displaced again; where a second or successive displacement occurs, the Collector must pay the additional compensation specified by Section 39.

Section 39 - Additional compensation in case of multiple displacements

Meaning and legal effect of Section 39

Section 39 addresses the special hardship caused when the same family faces displacement more than once through acquisition under the 2013 Act. It contains both a protective direction against repeated displacement and a monetary consequence where another displacement nevertheless takes place.

What is multiple displacement?

For the purpose of Section 39, multiple displacement refers to a situation in which a family that has already been displaced by the appropriate Government for an acquisition under the Act is displaced again. The statutory protection is directed at avoiding such repeated displacement wherever possible and providing additional compensation when it occurs.

Meaning of appropriate Government

The expression "appropriate Government" is defined in Section 3 of the RFCTLARR Act. Which Government is the appropriate Government depends on matters such as the purpose and territorial context of the acquisition and the authority for whom the land is acquired. The statutory definition should be applied to the facts of the particular acquisition.

Role of the Collector

Section 39 places the obligation directly on the Collector. The Collector must, as far as possible, avoid a further displacement of a family already displaced under the Act and, where another displacement occurs, ensure payment of the additional compensation required by the section.

How is the additional compensation measured?

The statutory measure is an amount "equivalent to that of the compensation determined under this Act" for the second or successive displacement. The underlying compensation determination is governed by the relevant provisions of the Act, including provisions dealing with market value, compensation and solatium.

Section 39 and rehabilitation and resettlement

Section 39 should be read with the Act's rehabilitation and resettlement framework. Section 31 deals with the Rehabilitation and Resettlement Award for affected families, while Section 38 links possession and displacement with compensation and rehabilitation and resettlement requirements. Section 39 adds a specific safeguard for families exposed to repeated displacement.

More beneficial State provisions

Sections 107 and 108 of the Act recognise the possibility of more beneficial State provisions. Section 107 permits a State Legislature to enact a law providing higher compensation or more beneficial rehabilitation and resettlement entitlements, while Section 108 addresses the option to avail higher or more beneficial benefits available under a State law or State policy, subject to the statutory conditions.

Official legal sources

For the authoritative Central Act and current official material, refer to India Code and the Department of Land Resources, Ministry of Rural Development. The Department of Land Resources also publishes materials concerning the RFCTLARR Act and related Central rules. Applicable State amendments, rules, policies and notifications should be checked for the particular acquisition.

Note: This article explains the Central provision generally. Entitlement in a particular acquisition depends on the statutory record, facts, applicable State law and relevant rules or notifications.

Updated: October 2026