Section 81: Temporary Occupation of Waste or Arable Land
Section 81 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 provides a special procedure where waste or arable land is required only temporarily for a public purpose. It permits occupation for a limited term, requires written notice and compensation, and sends disputes about compensation or its apportionment to the Land Acquisition, Rehabilitation and Resettlement Authority.
Meaning and scope of Section 81
Temporary occupation means use and occupation of qualifying land for a limited public purpose without treating the arrangement at the outset as permanent acquisition. Section 81 applies specifically to waste or arable land and limits the period of occupation to a maximum of three years from the commencement of occupation.
Section 81 - statutory provisions
Sub-section (1): Government direction. Whenever it appears to the appropriate Government that temporary occupation and use of waste or arable land are needed for a public purpose, it may direct the Collector to procure the occupation and use for a term it considers fit, subject to the statutory maximum of three years from commencement of occupation.
Sub-section (2): Notice and agreed compensation. The Collector must give written notice to the person interested stating the purpose for which the land is needed. Compensation for occupation and use, and for materials taken from the land if any, may be fixed as a gross sum or through monthly or other periodical payments, but the amount and mode are to be agreed in writing between the Collector and the persons concerned.
Sub-section (3): Difference regarding compensation. If the Collector and the persons interested differ about the sufficiency of compensation or its apportionment, the Collector must refer the difference to the decision of the Authority.
Key legal requirements
1. A public purpose must exist
The temporary occupation power is linked to land needed for a public purpose. The appropriate Government initiates the process by directing the Collector.
2. Occupation cannot exceed three years
Section 81 is a temporary-occupation provision. The term chosen by the Government may be shorter, but cannot exceed three years from the commencement of occupation.
3. Written notice is required
The Collector must notify the person interested in writing of the purpose for which the land is required. The provision therefore connects temporary possession with prior identification of the public purpose and the affected persons.
4. Compensation may include materials taken from the land
The compensation arrangement covers not only occupation and use of the land but also materials, if any, taken from it during the temporary occupation.
5. The Authority decides compensation disputes
If agreement fails because of a dispute about the amount or apportionment of compensation, the Collector is required to refer that difference to the Authority rather than determine the disputed issue finally himself.
Official text and legal source
The governing central legislation is the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act No. 30 of 2013). For the official consolidated text, amendments and statutory material, refer to India Code.
State amendments, rules and notifications may affect procedure in a particular State or Union Territory and should be checked for the relevant acquisition.