Section 92: Service of Notice under the Land Acquisition Act 2013
Section 92 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 lays down the general method for serving notices under the Act, subject to the special rule in Section 66.
Section 92 - Service of Notice
(1) Save as otherwise provided in section 66, the service of any notice under this Act shall be made by delivering or tendering a copy thereof signed, in the case of a notice, by the officer therein mentioned, and, in the case of any other notice, by order of the Collector.
(2) Whenever it may be practicable, the service of the notice shall be made on the person therein named.
(3) When such person cannot be found, the service may be made on any adult member of his family residing with him; and, if no such adult member can be found, the notice may be served by fixing the copy on the outer door of the house in which the person therein named ordinarily dwells or carries on business, or by fixing a copy thereof in some conspicuous place in the office of the officer aforesaid or of the Collector or in the court-house, and also in some conspicuous part of the land to be acquired:
Provided that, if the Collector or Judge shall so direct, a notice may be sent by post, in a letter addressed to the person named therein at his last known residence, address or place of business and also publish the same in at least two national daily newspapers and also on his website.
Meaning and Legal Effect of Section 92
Section 92 is the general service-of-notice provision of the 2013 Act. Its opening words expressly preserve the separate procedure in Section 66, which deals with service of notice by the Land Acquisition, Rehabilitation and Resettlement Authority. For notices governed by Section 92, the provision establishes a sequence designed to bring the notice to the person concerned while also providing alternative methods when personal service is not practicable.
1. Delivery or tender of a signed copy
The notice is to be served by delivering or tendering a copy signed by the officer mentioned in the notice. In the case of any other notice, the statutory text provides for service by order of the Collector.
2. Personal service where practicable
Sub-section (2) states that, whenever practicable, service should be made on the person named in the notice. Personal service is therefore the primary method contemplated by the section.
3. Service when the named person cannot be found
If the named person cannot be found, sub-section (3) permits service on an adult member of that person's family who resides with the person. If no such adult family member can be found, the provision permits the specified modes of affixation, including at the dwelling or place of business and at designated official or court premises, together with a conspicuous part of the land to be acquired.
4. Post, newspaper publication and website publication
The proviso states that, where the Collector or Judge so directs, notice may be sent by post to the person's last known residence, address or place of business and may also be published in at least two national daily newspapers and on the website.
Section 92 and Section 66
The phrase "Save as otherwise provided in section 66" is important. Section 66 is titled Service of notice by Authority and appears in Chapter VIII concerning the Land Acquisition, Rehabilitation and Resettlement Authority. Section 92 therefore operates as the general provision while preserving the special statutory procedure applicable to notices issued in proceedings before that Authority.
Practical Checklist for Service under Section 92
- Identify whether the notice is governed by Section 92 or the special procedure under Section 66.
- Where practicable, serve the person named in the notice directly.
- If the person cannot be found, follow the alternative modes in sub-section (3) in accordance with the statutory conditions.
- Where postal service or publication is used under the proviso, ensure that it is supported by the direction contemplated by the section.
- Maintain proof of the mode, date and place of service for the acquisition record.
Official Statutory Source
The authoritative central text can be checked on India Code - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The Act is Act No. 30 of 2013 and came into force on 1 January 2014.