Land Acquisition Act 2013 - Chapter XIII

Section 91: Magistrate to Enforce Surrender of Land

Section 91 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 provides the mechanism for enforcing surrender of land when the Collector is opposed or impeded while taking possession under the Act.

Section 91 - Statutory Provision

Magistrate to enforce surrender. If the Collector is opposed or impeded in taking possession under this Act of any land, he shall, if a Magistrate, enforce the surrender of the land to himself, and if not a Magistrate, he shall apply to a Magistrate or to the Commissioner of Police, and such Magistrate or Commissioner, as the case may be, shall enforce the surrender of the land to the Collector.

Meaning and Scope of Section 91

The provision deals with the stage at which lawful possession of land is to be taken under the 2013 Act but the Collector faces opposition or obstruction. It does not itself create the power to acquire land. Instead, it supplies an enforcement mechanism where possession is otherwise being taken in accordance with the Act.

Collector is a MagistrateIf the Collector also holds magisterial authority, the Collector may enforce surrender of the land directly.
Collector is not a MagistrateThe Collector must apply to a Magistrate or the Commissioner of Police for enforcement of surrender.
Opposition or impedimentThe section becomes relevant where the Collector is opposed or impeded while taking possession under the Act.
PurposeThe mechanism enables possession lawfully due under the Act to be delivered to the Collector despite resistance or obstruction.

What Does "Surrender" Mean in Section 91?

In the context of Section 91, surrender refers to giving up possession of the land so that possession can be delivered to the Collector in accordance with the acquisition process. The section authorises assistance in enforcing that surrender where possession is resisted.

Relationship with the Possession Provisions

Section 91 must be read in the context of the other provisions of the 2013 Act governing acquisition, compensation and taking possession. The existence of an enforcement power does not dispense with compliance with the statutory conditions that must be satisfied before possession can lawfully be taken.

Practical point: Section 91 is an enforcement provision. Whether possession can lawfully be demanded in a particular acquisition depends on the applicable provisions, notifications, award, compensation and other statutory requirements governing that acquisition.

Chapter XIII - Miscellaneous Provisions

Section 91 appears in Chapter XIII of the Act. The provisions that follow address service of notice, completion or withdrawal from acquisition, acquisition of part of a house or building, tax and stamp-duty exemptions, use and ownership restrictions, return of unutilised land and other miscellaneous matters.

Related Sections

Continue with Section 92 - Service of Notice, or review Section 90 - Cognizance on Complaint by Certain Persons.

This page explains the central legislation. State amendments, rules, notifications and case-specific facts may affect the position in a particular acquisition.