Section 66 of Land Acquisition Act 2013: Service of Notice by Authority

Section 66 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 requires the Land Acquisition, Rehabilitation and Resettlement Authority to issue notice of the date on which it will determine an objection and to direct specified persons to appear before it.

Section 66 - Service of notice by Authority

Purpose of Section 66

Section 66 is a procedural safeguard in proceedings before the Authority. After a reference reaches the Authority, the provision requires notice of the hearing date to persons whose participation is contemplated by the Act. The notice both identifies the date on which the objection will be considered and directs the relevant persons to appear.

Who is the applicant?

In the context of Section 66, the applicant is the person whose objection has come before the Authority through the reference mechanism. Under Section 64, a person interested who has not accepted the award may make a written application to the Collector requiring the matter to be referred to the Authority on the grounds permitted by that section.

Meaning of person interested

Section 3(x) of the 2013 Act defines "person interested" broadly. It includes persons claiming an interest in compensation payable on account of acquisition, specified Scheduled Tribe and traditional forest dwellers whose forest rights have been recognised, persons interested in an easement affecting the land, persons having tenancy rights under relevant State laws, and persons whose primary source of livelihood is likely to be adversely affected.

Exception for persons who accepted compensation without protest

Section 66 excludes from the notice requirement under clause (b) those persons interested in the objection who have consented without protest to receive payment of the compensation awarded. The statutory distinction makes the manner in which compensation was accepted relevant to whether notice is required under this clause.

When must notice be served on the Collector?

Notice to the Collector is specifically required where the objection relates to either the area of the land or the amount of compensation. These matters concern the measurement or valuation underlying the acquisition award and therefore require the Collector's participation before the Authority.

Section 66 in the reference procedure

What the notice under Section 66 must communicate

• the day on which the Authority will proceed to determine the objection; and
• a direction requiring the person served to appear before the Authority on that day.

Authority under the 2013 Act

Section 51 provides for establishment by the appropriate Government of one or more Land Acquisition, Rehabilitation and Resettlement Authorities for exercising the jurisdiction, powers and authority conferred by the Act. The Authority is the specialised adjudicatory forum for references arising from acquisition awards and related disputes under the statutory scheme.

Section 66 at a glance