Sections 75 and 76: Apportionment of Compensation under the Land Acquisition Act 2013
Sections 75 and 76 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 deal with the division of compensation among persons interested in acquired land. Section 75 applies where the persons interested agree on apportionment, while Section 76 addresses a dispute over apportionment or entitlement to receive compensation.
What is apportionment of compensation?
Apportionment means determining how the compensation payable for acquired land is to be divided among the persons who have an interest in that land. The question may concern the proportion payable to each interested person or, where entitlement itself is disputed, the person or persons to whom compensation should be paid.
Chapter IX of the 2013 Act contains two provisions on this subject: Section 75, where several persons interested agree on the division of compensation, and Section 76, where a dispute arises after the amount of compensation has been settled.
Section 75 - Particulars of apportionment to be specified
Statutory rule: When there are several persons interested and they agree on the apportionment of compensation, the particulars of that apportionment must be specified in the award. As between those persons, the award is conclusive evidence of the correctness of the apportionment.
Section 75 therefore operates where there is no dispute among the persons interested about how compensation should be divided. Their agreed apportionment is recorded in the award, and the award becomes conclusive evidence of that agreed division as between them.
Key elements of Section 75
- There must be several persons interested in the compensation.
- Those persons must agree on the apportionment.
- The agreed particulars are to be specified in the award.
- As between the persons who agreed, the award is conclusive evidence of the correctness of that apportionment.
Section 76 - Dispute as to apportionment
Statutory rule: When the amount of compensation has been settled, if a dispute arises about apportionment of the compensation or any part of it, or about the persons to whom the compensation or any part of it is payable, the Collector may refer the dispute to the Authority.
Section 76 deals with the opposite situation. Instead of an agreed division, there is a dispute either about the share of compensation or about the identity or entitlement of the person who should receive it. The provision enables the Collector to refer such a dispute to the Land Acquisition, Rehabilitation and Resettlement Authority.
Types of disputes covered by Section 76
- A dispute about how the settled compensation should be apportioned.
- A dispute about apportionment of only a part of the compensation.
- A dispute about the person or persons to whom the compensation, or part of it, is payable.
Difference between Sections 75 and 76
Section 75 concerns agreement. If several interested persons agree on their respective shares, that apportionment is recorded in the award and is conclusive between them.
Section 76 concerns dispute. If the compensation amount has been settled but the division or entitlement is disputed, the Collector may refer that dispute to the Authority for determination.
Official legal source
The complete Central Act, including Chapter IX and Sections 75 and 76, is available on the official India Code portal - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Legal reference page. Readers should verify any applicable State amendments, rules and case-specific requirements before relying on the provision in proceedings.