Section 93: Withdrawal from Land Acquisition and Compensation
Section 93 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 permits the appropriate Government to withdraw from acquisition where possession of the land has not been taken, while protecting the person interested by requiring compensation for specified damage and reasonable costs.
Section 93 - Completion of Acquisition Not Compulsory but Compensation to Be Awarded When Not Completed
(1) The appropriate Government shall be at liberty to withdraw from the acquisition of any land of which possession has not been taken.
(2) Whenever the appropriate Government withdraws from any such acquisition, the Collector shall determine the amount of compensation due for the damage suffered by the owner in consequence of the notice or of any proceedings thereunder, and shall pay such amount to the person interested, together with all costs reasonably incurred by him in the prosecution of the proceedings under this Act relating to the said land.
Meaning of Section 93
Section 93 addresses a situation in which acquisition proceedings have begun but the appropriate Government decides not to complete the acquisition. The statutory power to withdraw is expressly tied to one important condition: possession of the land must not have been taken.
Appropriate Government
The expression appropriate Government is defined in Section 3(e) of the 2013 Act. Broadly, the applicable Government depends on the purpose and territorial or governmental context of the acquisition. The statutory definition should be applied to the facts of the particular acquisition.
Person Interested
Section 3(x) defines person interested inclusively. It covers persons claiming an interest in compensation and specified categories connected with rights or interests in the affected land. Section 93(2) requires the amount determined by the Collector to be paid to the person interested.
When Can the Government Withdraw?
Under Section 93(1), the appropriate Government may withdraw from acquisition of land where possession has not been taken. The possession requirement is therefore central to the operation of this provision. The section does not state that every acquisition proceeding must necessarily be carried through to completion before possession.
Compensation after Withdrawal
Withdrawal does not leave the affected owner or person interested without a statutory remedy. Section 93(2) directs the Collector to determine compensation for damage suffered by the owner because of the notice or proceedings under the Act. It also requires payment of all costs reasonably incurred in prosecuting proceedings under the Act relating to the land.
What the Collector must determine
- Damage suffered by the owner as a consequence of the acquisition notice or proceedings.
- The amount of compensation due for that damage.
- Costs reasonably incurred in prosecuting proceedings under the Act relating to the land.
- The amount payable to the person interested following withdrawal.
Possession Is the Key Statutory Threshold
The text of Section 93(1) makes the absence of possession the express condition for withdrawal under this section. In an actual dispute, the record concerning possession, the acquisition notifications, award, payment or tender of compensation and other statutory steps may therefore be material. The legal effect of those facts should be assessed under the Act and any applicable State amendments or rules.
Official Law and Rules
The central statutory text is available through India Code - RFCTLARR Act 2013. The Department of Land Resources administers matters relating to the central RFCTLARR Act and publishes official material concerning the Act and rules.