Section 40 Land Acquisition Act 2013 - Special Powers for Urgency Acquisition
Section 40 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 creates a restricted urgency procedure under which possession may be taken before an award is made. The power is limited to specified urgent circumstances and is subject to statutory safeguards concerning notice, tender of compensation and additional compensation.
Section 40 - Special powers in case of urgency to acquire land in certain cases
(1) In cases of urgency, whenever the appropriate Government so directs, the Collector, though no such award has been made, may, on the expiration of thirty days from the publication of the notice mentioned in section 21, take possession of any land needed for a public purpose and such land shall thereupon vest absolutely in the Government, free from all encumbrances.
(2) The powers of the appropriate Government under sub-section (1) shall be restricted to the minimum area required for the defence of India or national security or for any emergencies arising out of natural calamities or any other emergency with the approval of Parliament:
Provided that the Collector shall not take possession of any building or part of a building under this sub-section without giving to the occupier thereof at least forty-eight hours notice of his intention to do so, or such longer notice as may be reasonably sufficient to enable such occupier to remove his movable property from such building without unnecessary inconvenience.
(3) Before taking possession of any land under sub-section (1) or sub-section (2), the Collector shall tender payment of eighty per cent. of the compensation for such land as estimated by him to the person interested entitled thereto.
(4) In the case of any land to which, in the opinion of the appropriate Government, the provisions of sub-section (1), sub-section (2) or sub-section (3) are applicable, the appropriate Government may direct that any or all of the provisions of Chapter II to Chapter VI shall not apply, and, if it does so direct, a declaration may be made under section 19 in respect of the land at any time after the date of the publication of the preliminary notification under sub-section (1) of section 11.
(5) An additional compensation of seventy-five per cent. of the total compensation as determined under section 27 shall be paid by the Collector in respect of land and property for acquisition of which proceedings have been initiated under sub-section (1) of this section:
Provided that no additional compensation will be required to be paid in case the project is one that affects the sovereignty and integrity of India, the security and strategic interests of the State or relations with foreign States.
When can the urgency power be used?
The Central provision restricts the urgency power to the minimum area required for the defence of India or national security, emergencies arising out of natural calamities, or another emergency with the approval of Parliament. The requirement that only the minimum necessary area be acquired is an express statutory limitation.
- Possession under sub-section (1) can be taken only after thirty days from publication of the Section 21 notice.
- The urgency power is restricted by sub-section (2) to specified emergency purposes and the minimum area required.
- For a building or part of a building, the occupier must receive at least forty-eight hours notice, or longer where reasonably sufficient to remove movable property without unnecessary inconvenience.
- Before possession, the Collector must tender eighty per cent. of the estimated compensation to the entitled person interested.
- Where proceedings are initiated under Section 40(1), additional compensation equal to seventy-five per cent. of total compensation determined under Section 27 is payable, subject to the statutory exception in the proviso to Section 40(5).
Meaning of appropriate Government
The expression "appropriate Government" is defined in Section 3 of the Act. The competent Government depends on the location and purpose of the acquisition and the authority for which land is acquired. The statutory definition and any applicable notification should be checked for the particular acquisition.
Meaning of public purpose
The expression "public purpose" is defined by Section 2 of the Act. Section 40 does not create an unrestricted power to acquire land merely because a project is described as urgent; the land must be needed for a public purpose and the urgency conditions in Section 40 must also be satisfied.
Section 21 notice and the thirty-day period
Section 21 concerns notice to persons interested. Under Section 40(1), the Collector may take possession before an award only after thirty days have expired from publication of the notice referred to in Section 21 and only when the appropriate Government has invoked the urgency power in accordance with the section.
Eighty per cent tender before possession
Section 40(3) requires the Collector, before taking possession under the urgency provision, to tender eighty per cent. of the estimated compensation to the person interested entitled to it. This is distinct from the additional compensation provided by Section 40(5).
Additional compensation of seventy-five per cent
For acquisition proceedings initiated under Section 40(1), Section 40(5) requires additional compensation equal to seventy-five per cent. of the total compensation determined under Section 27. The proviso creates an exception where the project affects the sovereignty and integrity of India, security and strategic interests of the State, or relations with foreign States.
Exemption from Social Impact Assessment
Section 9 is relevant when urgency provisions are invoked. It permits the appropriate Government to exempt the undertaking of the Social Impact Assessment study where land is proposed to be acquired by invoking the urgency provisions under Section 40. The precise notification and acquisition record should therefore be examined in an urgency acquisition.
State amendments
State amendments may modify the application of the Central provision within a State. For example, Maharashtra has amended Section 40(2). Accordingly, the Central text should be read together with any applicable State amendment, rules and notifications before relying on the provision in a particular acquisition.
Official legal sources
For the authoritative Central enactment and current official material, refer to India Code and the Department of Land Resources, Ministry of Rural Development. Acquisition-specific notifications and applicable State amendments, rules and policies should also be verified.
Note: This article explains the Central provision generally. The validity and consequences of an urgency acquisition depend on the applicable law, Government directions, notifications and facts of the individual case.
Updated: October 2026