Section 67 and 68 of Land Acquisition Act 2013: Scope and Public Proceedings
Sections 67 and 68 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 regulate proceedings before the Land Acquisition, Rehabilitation and Resettlement Authority. Section 67 limits the enquiry to the interests of persons affected by the objection, while Section 68 requires the proceedings to take place in public and recognises representation by persons entitled to practise in a Civil Court in the State.
Section 67 - Restriction on scope of proceedings
Statutory provision
Meaning of Section 67
Section 67 confines the enquiry before the Authority to the dispute brought before it and to the interests of persons affected by that objection. The provision should be read with Section 64, which identifies the objections that may be referred to the Authority, including objections concerning measurement of land, compensation, the person to whom compensation is payable, Rehabilitation and Resettlement rights, and apportionment.
Section 68 - Proceedings to be in public
Statutory provision
Meaning of public proceedings
Section 68 establishes openness as the statutory rule for proceedings before the Authority. The proceeding is to take place in public rather than being conducted as a private adjudication. This requirement applies to proceedings in the reference framework governed by the surrounding provisions of the Act.
Right to appear, plead and act
The second part of Section 68 provides that persons entitled to practise in any Civil Court in the State are entitled to appear, plead and act, as the case may be, in the proceeding before the Authority. The provision therefore expressly recognises professional representation before the Authority by persons who satisfy that statutory qualification.
How Sections 67 and 68 fit into the reference procedure
| Provision | Role in proceedings before the Authority |
|---|---|
| Section 64 | Provides for reference of specified objections to the Authority at the instance of a person interested who has not accepted the award. |
| Section 65 | Requires the Collector to send the prescribed written statement and supporting schedule with the reference. |
| Section 66 | Requires notice of the day fixed for determination of the objection to specified persons. |
| Section 67 | Restricts the enquiry to consideration of the interests of persons affected by the objection. |
| Section 68 | Requires the proceeding to take place in public and recognises the right of eligible practitioners to appear, plead and act. |
| Section 69 | Governs determination of the award by the Authority. |
Meaning of Authority
Section 51 provides for establishment by the appropriate Government of one or more Land Acquisition, Rehabilitation and Resettlement Authorities to exercise the jurisdiction, powers and authority conferred by the Act. The Authority is the specialised adjudicatory forum for references and related applications under the statutory scheme.
Meaning of person interested
Section 3(x) 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.
Sections 67 and 68 at a glance
- Section 67: keeps the enquiry focused on the interests of persons affected by the objection.
- Section 68: requires proceedings to take place in public.
- Representation: persons entitled to practise in any Civil Court in the State may appear, plead and act, as applicable, in the proceeding.
- Procedural context: these provisions operate after the reference, supporting statement and notice stages under Sections 64, 65 and 66.