Section 73 of Land Acquisition Act 2013: Re-determination of Compensation

Section 73 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 provides a statutory route for certain landowners to seek re-determination of compensation when the Land Acquisition, Rehabilitation and Resettlement Authority grants higher compensation to another applicant covered by the same preliminary notification.

In brief: A person interested in other land covered by the same preliminary notification under Section 11, who is aggrieved by the Collector's award, may apply to the Collector for re-determination when the Authority has awarded another applicant compensation exceeding the Collector's award. The application is subject to the time limit and conditions in Section 73.

Meaning and purpose of Section 73

Section 73 appears in Chapter VIII of the 2013 Act, which deals with the Land Acquisition, Rehabilitation and Resettlement Authority. It enables similarly placed persons to seek parity in compensation even if they had not themselves made an application to the Collector for reference, provided the statutory requirements are satisfied.

The provision is linked to the RFCTLARR Act, 2013, particularly Section 11 concerning the preliminary notification, Section 23 concerning the Collector's inquiry and award, and the Authority provisions in Chapter VIII.

Section 73: statutory provision explained

Sub-section (1): right to seek re-determination

Where the Authority, in an award under Chapter VIII, allows an applicant compensation exceeding the amount awarded by the Collector under Section 23, other persons interested in land covered by the same Section 11 preliminary notification and aggrieved by the Collector's award may make a written application to the Collector for re-determination on the basis of the Authority's compensation award. This remedy is available even though such persons had not earlier made an application to the Collector.

The written application must be made within three months from the date of the Authority's award. For calculating that period, the day on which the award was pronounced and the time required for obtaining a copy of the award are excluded.

Sub-section (2): inquiry by the Collector

After receiving a qualifying application, the Collector must conduct an inquiry, give notice to all persons interested, provide a reasonable opportunity of being heard, and make an award determining the compensation payable to the applicants.

Sub-section (3): further reference to the Authority

A person who does not accept the award made under sub-section (2) may apply in writing to the Collector and require the matter to be referred for determination by the Authority concerned.

Who may apply under Section 73?

The provision applies where the claimant is a person interested in other land covered by the same preliminary notification under Section 11, is aggrieved by the Collector's award, and relies on an Authority award granting another applicant compensation greater than the amount awarded by the Collector.

Time limit for the application

The application to the Collector is to be made within three months from the date of the Authority's award. The statute expressly excludes the day on which the award was pronounced and the time requisite for obtaining a copy of that award when the limitation period is computed.

Procedure under Section 73

Identify an Authority award under Chapter VIII that grants compensation exceeding the Collector's award.
Confirm that the applicant's land is covered by the same preliminary notification under Section 11 and that the applicant is aggrieved by the Collector's award.
Submit a written application to the Collector within the statutory period under Section 73(1).
The Collector conducts an inquiry after notice and a reasonable opportunity of hearing to interested persons.
The Collector makes a fresh award determining compensation payable to the applicant.
If that award is not accepted, the person may seek a reference to the Authority under Section 73(3).

Important connected provisions

Section 11: provides for publication of the preliminary notification for acquisition. Section 73 requires the lands concerned to be covered by the same preliminary notification.

Section 23: concerns the inquiry and land acquisition award by the Collector. Section 73 is triggered where the Authority allows compensation exceeding the amount awarded by the Collector.

Section 64: provides for reference to the Authority in specified circumstances. Section 73 creates a separate re-determination mechanism for similarly placed persons after a higher Authority award.

Section 74: provides for appeal to the High Court from an award of the Authority, subject to the terms of that provision.

Practical point

Section 73 is not an automatic enhancement of every award arising from the same acquisition. The applicant must invoke the statutory procedure, establish the conditions stated in the provision, and comply with the prescribed limitation period. Applicable State rules and case-specific orders should also be checked before filing.

Official legal resources

For the current central text of the Act, amendments, rules and related material, refer to the official India Code - RFCTLARR Act, 2013 and the Department of Land Resources, Government of India.

This page is a general legal information resource. The application of Section 73 depends on the facts, the relevant acquisition record, the Authority's award, limitation and applicable rules or judicial orders.