91. 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.
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.
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.
94. Acquisition of part of house or building.–(1) The provisions of this Act shall not be put in
force for the purpose of acquiring a part only of any house, manufactory or other building, if the owner
desires that the whole of such house, manufactory or building shall be so acquired:
Provided that, if any question shall arise as to whether any land proposed to be taken under this
Act does or does not form part of a house, manufactory or building within the meaning of this section,
the Collector shall refer the determination of such question to the Authority concerned and shall not be
taken possession of such land until after the question has been determined.
(2) In deciding on such a reference made under the proviso to sub-section (1), the Authority
concerned shall have regard to the question whether the land proposed to be taken, is reasonably
required for the full and unimpaired use of the house, manufactory or building.
(3) If, in the case of any claim under this Act, by a person interested, on account of the severing of
42
the land to be acquired from his other land, the appropriate Government is of opinion that the claim is
unreasonable or excessive, it may, at any time before the Collector has made his award, order the
acquisition of the whole of the land of which the land first sought to be acquired forms a part.
(4) In the case of any acquisition of land so required no fresh declaration or other proceedings
under sections 11 to 19, (both inclusive) shall be necessary; but the Collector shall without delay
furnish a copy of the order of the appropriate Government to the person interested, and shall thereafter
proceed to make his award under section 23.
95. Acquisition of land at cost of a local authority or Requiring Body.–(1) Where the
provisions of this Act are put in force for the purpose of acquiring land at the cost of any fund
controlled or managed by a local authority or of any Requiring Body, the charges of land incidental to
such acquisition shall be defrayed from or by such fund or Requiring Body.
(2) In any proceeding held before a Collector or Authority concerned in such cases the local
authority or Requiring Body concerned may appear and adduce evidence for the purpose of
determining the amount of compensation:
Provided that no such local authority or Requiring Body shall be entitled to demand a reference to
the Authority concerned under section 64.
96. Exemption from income-tax, stamp duty and fees.–No income tax or stamp duty shall be
levied on any award or agreement made under this Act, except under section 46 and no person
claiming under any such award or agreement shall be liable to pay any fee for a copy of the same.
97. Acceptance of certified copy as evidence.–In any proceeding under this Act, a certified copy
of a document registered under the Registration Act, 1908 (16 of 1908) including a copy given under
section 57 of that Act, may be accepted as evidence of the transaction recorded in such document.
98. Notice in case of suits for anything done in pursuance of Act.–No suit or other proceeding
shall be commenced against any person for anything done in pursuance of this Act, without giving to
such person a month’s previous notice in writing of the intended proceeding, and of the cause thereof,
nor after tender of sufficient amendments.
99. No change of purpose to be allowed.–No change from the purpose or related purposes for
which the land is originally sought to be acquired shall be allowed:
Provided that if the land acquired is rendered unusable for the purpose for which it was acquired
due to a fundamental change because of any unforeseen circumstances, then the appropriate
Government may use such land for any other public purpose.
100. No change of ownership without permission to be allowed.–No change of ownership
without specific permission from the appropriate Government shall be allowed.
101. Return of unutilised land.– When any land acquired under this Act remains unutilised for a
period of five years from the date of taking over the possession, the same shall be returned to the
original owner or owners or their legal heirs, as the case may be, or to the Land Bank of the
appropriate Government by reversion in the manner as may be prescribed by the appropriate
Government.
Explanation.—For the purpose of this section, “Land Bank” means a governmental entity that
focuses on the conversion of Government owned vacant, abandoned, unutilised acquired lands and
tax-delinquent properties into productive use.
STATE AMENDMENTS
Andhra Pradesh
“In the principal Act, in section 101, for the words “a period of five years”, the words “a period
specified for setting up of any project or for five years, whichever is later,” shall be substituted.”
[Vide Andhra Pradesh Act 22 of 2018, sec. 11 (w.e.f. 1-1-2014).]
Haryana
After section 101 of the principal Act, the following section shall be inserted, namely:-
“101A. Power to denotify land.- When any public purpose, for which the land acquired
under the Land Acquisition Act, 1894 (Central Act 1 of 1894) becomes unviable or non-essential,
the State Government shall be at liberty to denotify such land, on such terms, as considered
43
expedient by the State Government, including the payment of compensation on account of
damages, if any, sustained by the land owner due to such acquisition:
Provided that where a part of the acquired land has been utilized or any encumbrances have
been created, the landowner may be compensated by providing alternative land alongwith
payment of damages, if any, as determined by the State Government.”
[Vide Haryana Act 21 of 2018, sec. 5 (w.e.f. 9-5-2018).]
102. Difference in price of land when transferred for higher consideration to be shared.–
Whenever the ownership of any land acquired under this Act is transferred to any person for a
consideration, without any development having taken place on such land, forty per cent. of the
appreciated land value shall be shared amongst the persons from whom the lands were acquired or
their heirs, in proportion to the value at which the lands were acquired within a period of five years
from the date of acquisition:
Provided that benefit shall accrue only on the first sale or transfer that occurs after the conclusion
of the acquisition proceedings.
103. Provisions to be in addition to existing laws.–The provisions of this Act shall be in addition
to and not in derogation of, any other law for the time being in force.
104. Option of appropriate Government to lease.–Notwithstanding anything contained in this
Act, the appropriate Government shall, wherever possible, be free to exercise the option of taking the
land on lease, instead of acquisition, for any public purpose referred to in sub-section (1) of section 2.
105. Provisions of this Act not to apply in certain cases or to apply with certain
modifications.–(1) Subject to sub-section (3), the provisions of this Act shall not apply to the
enactments relating to land acquisition specified in the Fourth Schedule.
(2) Subject to sub-section (2) of section 106, the Central Government may, by notification, omit or
add to any of the enactments specified in the Fourth Schedule.
(3) The Central Government shall, by notification, within one year from the date of
commencement of this Act, direct that any of the provisions of this Act relating to the determination of
compensation in accordance with the First Schedule and rehabilitation and resettlement specified in
the Second and Third Schedules, being beneficial to the affected families, shall apply to the cases of
land acquisition under the enactments specified in the Fourth Schedule or shall apply with such
exceptions or modifications that do not reduce the compensation or dilute the provisions of this Act
relating to compensation or rehabilitation and resettlement as may be specified in the notification, as
the case may be.
(4) A copy of every notification proposed to be issued under sub-section (3), shall be laid in draft
before each House of Parliament, while it is in session, for a total period of thirty days which may be
comprised in one session or in two or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid, both Houses agree in
disapproving the issue of the notification or both Houses agree in making any modification in the
notification, the notification shall not be issued or, as the case may be, shall be issued only in such
modified form as may be agreed upon by both the Houses of Parliament.
STATE AMENDMENTS
Maharashtra
After section 105 of the principal Act, the following section shall be inserted, namely :-
“105-A. Provisions of this Act not to apply to certain Maharashtra Acts or to apply with
certain modifications.–(1) Subject to sub-section (2), the provisions of this Act shall not apply to
acquisition of land under the enactments specified in the Fifth Schedule.
(2) The State Government may, by notification, within one year from the date of commencement
of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement (Maharashtra Amendment) Act, 2018 (Mah. XXXVII of 2018), direct that any of the
provisions of this Act, relating to the determination of compensation in accordance with the First
Schedule and rehabilitation and resettlement specified in the Second and Third Schedules, being
beneficial to the affected families, shall apply to the cases of land acquisition under the enactments
specified in the Fifth Schedule or shall apply with such exceptions or modifications that do not reduce
44
the compensation or dilute the provisions of this Act relating to the compensation, rehabilitation and
resettlement as may be specified in the notification, as the case may be :
Provided that, no such notification shall be issued except on a resolution passed by both Houses of
the State Legislature.”
[Vide Maharashtra Act 37 of 2018, sec. 10 (w.e.f. 26-4-2018).]
Maharashtra
Amendment of section 105A of Act 30 of 2013.—In section 105-A of the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30
of 2013), in its application to the State of Maharashtra, as amended by the Right to Fair Compensation
and Transparency in Land Acquisition, Rehabilitation and Resettlement (Maharashtra Amendment)
Act, 2018 (Mah XXXVII of 2018), in sub-section (2), for the words, brackets and figures “within one
year from the date of commencement of the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement (Maharashtra Amendment) Act, 2018 (Mah XXXVII of
2018)” the words, brackets and figures “within one year from the date of commencement of the Right
to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement
(Maharashtra Amendment) Act, 2020 (Mah. III of 2022)” shall be substituted.
[Vide Maharashtra Act III of 2022, sec. 2 (w.e.f. 20-01-2022).]
106. Power to amend Schedule.–(1) The Central Government may, by notification, amend or
alter any of the Schedules to this Act, without in any way reducing the compensation or diluting the
provisions of this Act relating to compensation or rehabilitation and resettlement.
(2) A copy of every notification proposed to be issued under sub-section (1), shall be laid in draft
before each House of Parliament, while it is in session, for a total period of thirty days which may be
comprised in one session or in two or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid, both Houses agree in
disapproving the issue of the notification or both Houses agree in making any modification in the
notification, the notification shall not be issued or as the case may be, shall be issued only in such
modified form as may be agreed upon by both the Houses of Parliament.
107. Power of State Legislatures to enact any law more beneficial to affected families.–
Nothing in this Act shall prevent any State from enacting any law to enhance or add to the entitlements
enumerated under this Act which confers higher compensation than payable under this Act or make
provisions for rehabilitation and resettlement which is more beneficial than provided under this Act.
108. Option to affected families to avail better compensation and rehabilitation and
resettlement.–(1) Where a State law or a policy framed by the Government of a State provides for a
higher compensation than calculated under this Act for the acquisition of land, the affected persons or
his family or member of his family may at their option opt to avail such higher compensation and
rehabilitation and resettlement under such State law or such policy of the State.
(2) Where a State law or a policy framed by the Government of a State offers more beneficial
rehabilitation and resettlement provisions under that Act or policy than under this Act, the affected
persons or his family or member of his family may at his option opt to avail such rehabilitation and
resettlement provisions under such State law or such policy of the State instead of under this Act.
109. Power of appropriate Government to make rules.–(1) Subject to the other provisions of
this Act, the appropriate Government may, by notification, make rules for carrying out the provisions
of this Act.
(2) In particular, and without prejudice to the generality of the foregoing, such rules may provide
for all or any of the following matters, namely:—
(a) the process of obtaining the prior consent under the first proviso to sub-section (2) of
section 2;
(b) the limits of land in rural areas or urban areas under clause (a) of sub-section (3) of
section 2;
45
(c) the manner and the time limit for carrying out social impact assessment study under
sub-section (1) of section 4;
(d) the manner of preparing and publishing social impact assessment study reports under
sub-section (1) of section 6;
(e) the manner and time for conducting survey and undertaking census under sub-section (2) of
section 16;
(f) the manner of preparing draft Rehabilitation and Resettlement Scheme under
sub-section (5) of section 16;
(g) the manner of conducting public hearing under sub-section (5) of section 16;
(h) the manner of depositing amount by the Requiring Body under second proviso to
sub-section (2) of section 19;
(i) the manner in which and the period within which any excess amount paid may be recovered
under sub-section (3) of section 33;
(j) the form in which the Development Plan shall be prepared under sub-section (4) of
section 41;
(k) the powers, duties and responsibilities of Administrator under sub-section (2) of section 43;
(l) the procedure of Rehabilitation and Resettlement Committee under sub-section (3) of
section 45;
(m) the procedure to be followed by the Rehabilitation and Resettlement Committee and
allowances to be paid to the experts under sub-section (3) of section 48;
(n) the procedures to be followed by the State Monitoring Committee and the allowances
payable to the experts under sub-section (3) of section 50;
(o) the salaries and allowances and other conditions of service of the Registrar and other
officers and employees of an Authority under sub-section (3) of section 55;
(p) the salary and allowances payable to and the other terms and conditions of service
(including pension, gratuity and other retirement benefits) of, the Presiding Officer of an Authority
under section 56;
(q) any other matter under clause (g) of sub-section (1) of section 60;
(r) the manner of recovery of the rehabilitation and resettlement benefits, availed of by making
false claim or through fraudulent means, under sub-section (2) of section 84;
(s) the manner of returning the unutilised land by reversion under section 101;
(t) manner of publication wherever the provisions of this Act provide for;
(u) any other matter which is required to be or may be specified under this Act.
STATE AMENDMENTS
Andhra Pradesh
In the principal Act, in section 109, in sub-section (2), after clause (u) the following clause shall
be added, namely:-
“(v) to give effect to the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement (Andhra Pradesh Amendment) Act, 2018”
[Vide Andhra Pradesh Act 22 of 2018, sec. 12 (w.e.f. 1-1-2014).]
110. Rules made by Central Government to be laid before Parliament.–Every rule made by
the Central Government under this Act shall be laid as soon as may be after it is made, before each
House of Parliament while it is in session for a total period of thirty days which may be comprised in
one session or two or more successive sessions, and if, before the expiry of the session immediately
46
following the session or the successive sessions aforesaid, both Houses agree in making any
modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter
have effect only in such modified form or be of no effect, as the case may be; so, however, that any
such modification or annulment shall be without prejudice to the validity of anything previously done
under that rule.
111. Rules made by State Government to be laid before State Legislature.–Every rule made by
the State Government under this Act shall be laid, as soon as may be after it is made, before each
House of the State Legislature where it consists of two Houses, or where such Legislature consists of
one House, before that House.
112. Previous publication of rules made by Central and State Government.–The power to
make rules by the Central or State Government under this Act shall be subject to the condition of the
rules, being made after previous publication.
113. Power to remove difficulties.–(1) If any difficulty arises in giving effect to the provisions of
this Part, the Central Government may, by order, make such provisions or give such directions not
inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for the
removal of the difficulty:
Provided that no such power shall be exercised after the expiry of a period of two years from the
commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before
each House of Parliament.
114. Repeal and saving.–(1) The Land Acquisition Act, 1894 (1 of 1894) is hereby repealed.
(2) Save as otherwise provided in this Act the repeal under sub-section (1) shall not be held to
prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897)
with regard to the effect of repeals.