Sections 12, 13 and 13A of the Land Acquisition Act, 1894: Finality of Award, Adjournment and Correction of Errors

Bare Act text of Sections 12, 13 and 13A

Section 12: When the Collector's award became final

After an award under Section 11, Section 12(1) required it to be filed in the Collector's office. Except as otherwise provided by the Act, the award became final and conclusive evidence between the Collector and persons interested concerning:

• the true area of the land;
• the value of the land; and
• the apportionment of compensation among persons interested.

The provision applied whether or not the interested persons had appeared before the Collector.

Immediate notice of the award

Under Section 12(2), the Collector had to give immediate notice of the award to interested persons who were not present, either personally or through their representatives, when the award was made.

Section 13: Power to adjourn the enquiry

Section 13 authorised the Collector, for any cause he thought fit, to adjourn the enquiry from time to time to a date fixed by him. This provision supplied procedural flexibility during the statutory enquiry leading to the award.

The adjournment power formed part of the enquiry procedure and did not replace the separate statutory requirements governing the award or the time limit prescribed by Section 11A.

Section 13A: Correction of clerical and arithmetical errors

Section 13A empowered the Collector to correct clerical or arithmetical mistakes in the award or errors arising therein. A correction could be initiated:

• by the Collector on his own motion;
• on an application by a person interested; or
• on an application by a local authority.

Time limit for correction

The ordinary outer limit was six months from the date of the award. Where the Collector had been required under Section 18 to make a reference to the Court, the correction had to be made before the making of that reference.

Safeguard before a prejudicial correction

The proviso to Section 13A(1) protected a person who could be prejudicially affected by a proposed correction. Such a correction could not be made unless that person had been given a reasonable opportunity of making a representation in the matter.

Notice after correction

Section 13A(2) required the Collector to give immediate notice of every correction made in the award to all persons interested.

Refund and recovery of excess amount

If a correction under Section 13A(1) showed that an excess amount had been paid to a person, subsection (3) made that excess refundable. If the person defaulted or refused to repay it, the amount could be recovered as an arrear of land revenue.

Meaning of important expressions

Collector

Section 3(c) defined "Collector" to include the Collector of a district, a Deputy Commissioner and an officer specially appointed by the appropriate Government to perform the functions of a Collector under the Act.

Person interested

Section 3(b) broadly included persons claiming an interest in compensation to be made on account of acquisition under the Act and included a person interested in an easement affecting the land.

Local authority

Section 3(aa) defined "local authority" to include a town planning authority, by whatever name called, set up under any law for the time being in force.

Reference to Court

Section 18 provided the statutory mechanism by which a person interested who had not accepted the award could, subject to the conditions of that section, require the Collector to refer specified objections for determination by the Court.

How Sections 12, 13 and 13A fitted into the acquisition procedure

Section 11 governed the enquiry and award, while Section 11A prescribed the period within which the award had to be made. Section 12 addressed filing, finality and notice of that award. Section 13 governed adjournment of the enquiry, and Section 13A provided the limited correction mechanism. The later Sections 18 to 20 dealt with references to Court and related procedure.

Current legal status

The Land Acquisition Act, 1894 is no longer the general Central statute governing new acquisitions. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 repealed the 1894 Act through Section 114, subject to the applicable saving and transitional framework. Older acquisition proceedings therefore require examination of their dates, procedural stage, applicable saving provisions and any relevant State amendments.