APPOINTMENT OF COMMITTEE AND AUTHORITY,
AND
EXERCISING THE OPTION FOR TAKING LAND ON LEASE
A major feature of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013,
(Land Acquisition Act 2013) is to provide for the establishment of
National and State committees for reviewing and monitoring the
implementation of rehabilitation and resettlement schemes and plans.
To provide speedy disposal of disputes relating to land acquisition, compensation, rehabilitation and resettlement, “the Land Acquisition, Rehabilitation and Resettlement Authority shall be established under a presiding officer”.
The Authority shall not be bound by any
code of civil procedure but shall be guided by the principles of natural
justice. Subject to the provisions of the Act and any rules made
thereunder, the Authority shall have the power to regulate its own
procedure. Jurisdiction of civil courts is barred, except as provided in
Para 7 below.
Any person interested who has not
accepted the award may, by written application to the Collector, require
that the matter be referred by the Collector for dealing with any
objection arising out of any procedure. The Collector shall make a
reference to the Authority within thirty (30) days. If he fails to make
such reference within the stipulated time, the applicant may apply to
the Authority requesting it to direct the Collector to make such
reference.
While determining the amount of
compensation to be awarded for the land acquired, including
rehabilitation and resettlement entitlements, the Authority shall take
into consideration whether the Collector has followed the parameters set
out under Sections 26 to 30 and the provisions under Chapter 5 of the
Act.
In addition to the market value of land,
as provided above, the Authority shall, in every case, award an amount
calculated at the rate of twelve (12) per cent per annum on such market
value... Read More
