Section 82: Power to Enter and Take Possession and Compensation on Restoration
Section 82 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 governs the Collector's power to take possession during temporary occupation and the obligation to compensate for damage and restore the land when the temporary term ends.
Section 82 of the Land Acquisition Act 2013
(1) On payment of such compensation, or on executing such agreement, or on making a reference under section 64, the Collector may enter upon and take possession of the land, and use or permit the use thereof in accordance with the terms of the said notice.
(2) On the expiration of the term, the Collector shall make or tender to the persons interested compensation for the damage (if any) done to the land and not provided for by the agreement, and shall restore the land to the persons interested therein:
Provided that, if the land has become permanently unfit to be used for the purpose for which it was used immediately before the commencement of such term, and if the persons interested shall so require, the appropriate Government shall proceed under this Act to acquire the land as if it was needed permanently for a public purpose.
Meaning and Scope of Section 82
Section 82 forms part of Chapter XI, which deals with temporary occupation of land. It operates after the temporary occupation process under Section 81. Once the compensation is paid, an agreement is executed, or the relevant dispute is referred under Section 64, the Collector may enter and take possession in accordance with the notice governing the temporary occupation.
Collector's power to take possession
Sub-section (1) links possession to one of the stated statutory steps: payment of compensation, execution of an agreement, or a reference under Section 64. The land may then be used, or its use permitted, only in accordance with the terms of the notice.
Compensation and restoration after temporary occupation
Under sub-section (2), when the temporary term expires, the Collector must make or tender compensation for damage to the land that was not already covered by the agreement and must restore the land to the persons interested.
Land permanently unfit for its earlier use
The proviso addresses a more serious consequence. If temporary occupation leaves the land permanently unfit for the purpose for which it was used immediately before the term began, and the persons interested require it, the appropriate Government must proceed under the Act to acquire the land as land needed permanently for a public purpose.
Key Points
Section 82 protects both the temporary right of the administration to use land under the Act and the interests of the persons entitled to the land. Possession is tied to the statutory compensation, agreement or reference process; damage outside the agreement must be compensated; the land ordinarily must be restored at the end of the term; and permanent impairment can trigger permanent acquisition when the statutory conditions are satisfied.