51. Establishment of Land Acquisition, Rehabilitation and Resettlement Authority.–(1) The
appropriate Government shall, for the purpose of providing speedy disposal of disputes relating to land
acquisition, compensation, rehabilitation and resettlement, establish, by notification, one or more
Authorities to be known as “the Land Acquisition, Rehabilitation and Resettlement Authority” to
exercise jurisdiction, powers and authority conferred on it by or under this Act.
(2) The appropriate Government shall also specify in the notification referred to in sub-section (1)
the areas within which the Authority may exercise jurisdiction for entertaining and deciding the
references made to it under section 64 or applications made by the applicant under second proviso to
sub-section (1) of section 64.
52. Composition of Authority.–(1) The Authority shall consist of one person only (hereinafter
referred to as the Presiding Officer) to be appointed, by notification, by the appropriate Government.
(2) Notwithstanding anything contained in sub-section (1), the appropriate Government may
authorise the Presiding Officer of one Authority to discharge also the functions of the Presiding
Officer of another Authority.
53. Qualifications for appointment as Presiding Officer.–(1) A person shall not be qualified for
appointment as the Presiding Officer of an Authority unless,—
(a) he is or has been a District Judge; or
(b) he is a qualified legal practitioner for not less than seven years.
(2) A Presiding Officer shall be appointed by the appropriate Government in consultation with the
Chief Justice of a High Court in whose jurisdiction the Authority is proposed to be established.
54. Terms of office of Presiding Officer.–The Presiding Officer of an Authority shall hold office
for a term of three years from the date on which he enters upon his office or until he attains the age of
sixty-five years, whichever is earlier.
55. Staff of Authority.–(1) The appropriate Government shall provide the Authority with a
Registrar and such other officers and employees as that Government may think fit.
(2) The Registrar and other officers and employees of an Authority shall discharge their functions
under the general superintendence of the Presiding Officer.
(3) The salaries and allowances and other conditions of service of the Registrar and other officers
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and employees of an Authority shall be such as may be prescribed.
56. Salary and allowances and other terms and conditions of service of Presiding Officers.–
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, shall be such as may be
prescribed:
Provided that neither the salary and allowances nor the other terms and conditions of service of the
said Presiding Officers shall be varied to their disadvantage after appointment.
57. Filling up of vacancies.–If, for any reason other than temporary absence, any vacancy occurs
in the office of the Presiding Officer of an Authority then the appropriate Government shall appoint
another person in accordance with the provisions of this Act to fill the vacancy and the proceedings
may be continued before the Authority from the stage at which the vacancy is filled.
58. Resignation and removal.–(1) The Presiding Officer of an Authority may, by notice in
writing under his hand addressed to the appropriate Government, resign his office:
Provided that the Presiding Officer shall, unless he is permitted by the appropriate Government to
relinquish his office sooner, continue to hold office until the expiry of three months from the date of
receipt of such notice or until a person duly appointed as his successor enters upon his office or until
the expiry of his term of office, whichever is earlier.
(2) The Presiding Officer of an Authority shall not be removed from his office except by an order
made by the appropriate Government on the ground of proven misbehaviour or incapacity after inquiry
in the case of the Presiding Officer of an Authority made by a Judge of a High Court in which the
Presiding Officer concerned has been informed of the charges against him and given a reasonable
opportunity of being heard in respect of these charges.
(3) The appropriate Government may, by rules, regulate the procedure for the investigation of
misbehaviour or incapacity of the aforesaid Presiding Officer.
59. Orders constituting Authority to be final and not to invalidate its proceedings.–No order
of the appropriate Government appointing any person as the Presiding Officer of an Authority shall be
called in question in any manner, and no act or proceeding before an Authority shall be called in
question in any manner on the ground merely of any defect in the constitution of an Authority.
60. Powers of Authority and procedure before it.–(1) The Authority shall, for the purposes of its
functions under this Act, shall have the same powers as are vested in a civil court under the Code of
Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) discovery and production of any document or other material object producible as evidence;
(c) receiving evidence on affidavits;
(d) requisitioning of any public record;
(e) issuing commission for the examination of witnesses;
(f) reviewing its decisions, directions and orders;
(g) any other matter which may be prescribed.
(2) The Authority shall have original jurisdiction to adjudicate upon every reference made to it
under section 64.
(3) The Authority shall not be bound by the procedure laid down in the Code of Civil Procedure,
1908 (5 of 1908) but shall be guided by the principles of natural justice and subject to the other
provisions of this Act and of any rules made thereunder, the Authority shall have the power to regulate
its own procedure.
(4) The Authority shall, after receiving reference under section 64 and after giving notice of such
reference to all the parties concerned and after affording opportunity of hearing to all parties, dispose
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of such reference within a period of six months from the date of receipt of such reference and make an
award accordingly.
(5) The Authority shall arrange to deliver copies of the award to the parties concerned within a
period of fifteen days from the date of such award.
61. Proceedings before Authority to be judicial proceedings.–All proceedings before the
Authority shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of
the Indian Penal Code (45 of 1860) and the Authority shall be deemed to be a civil court for the
purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974).
62. Members and officers of Authority to be public servants.–The Member and officers of the
Authority shall be deemed to be public servants within the meaning of section 21 of the Indian Penal
Code (45 of 1860).
63. Jurisdiction of civil courts barred.–No civil court (other than High Court under article 226 or
article 227 of the Constitution or the Supreme Court) shall have jurisdiction to entertain any dispute
relating to land acquisition in respect of which the Collector or the Authority is empowered by or
under this Act, and no injunction shall be granted by any court in respect of any such matter.
64. Reference to Authority.–(1) 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 the
determination of the Authority, as the case may be, whether his objection be to the measurement of the
land, the amount of the compensation, the person to whom it is payable, the rights of Rehabilitation
and Resettlement under Chapters V and VI or the apportionment of the compensation among the
persons interested:
Provided that the Collector shall, within a period of thirty days from the date of receipt of
application, make a reference to the appropriate Authority:
Provided further that where the Collector fails to make such reference within the period so
specified, the applicant may apply to the Authority, as the case may be, requesting it to direct the
Collector to make the reference to it within a period of thirty days.
(2) The application shall state the grounds on which objection to the award is taken:
Provided that every such application shall be made—
(a) if the person making it was present or represented before the Collector at the time when he
made his award, within six weeks from the date of the Collector’s award;
(b) in other cases, within six weeks of the receipt of the notice from the Collector under
section 21, or within six months from the date of the Collector’s award, whichever period shall
first expire:
Provided further that the Collector may entertain an application after the expiry of the said period,
within a further period of one year, if he is satisfied that there was sufficient cause for not filing it
within the period specified in the first proviso.
65. Collector’s statement to Authority.–(1) In making the reference, the Collector shall state for
the information of the Authority, in writing under his hand—
(a) the situation and extent of the land, with particulars of any trees, buildings or standing
crops thereon;
(b) the names of the persons whom he has reason to think interested in such land;
(c) the amount awarded for damages and paid or tendered under section 13, and the amount of
compensation awarded under the provisions of this Act;
(d) the amount paid or deposited under any other provisions of this Act; and
(e) if the objection be to the amount of the compensation, the grounds on which the amount of
compensation was determined.
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(2) The statement under sub-section (1) shall be attached a schedule giving the particulars of the
notices served upon, and of the statements in writing made or delivered by the persons interested
respectively.
66. Service of notice by Authority.–The Authority shall thereupon cause a notice specifying the
day on which the Authority will proceed to determine the objection, and directing their appearance
before the Authority on that day, to be served on the following persons, namely:—
(a) the applicant;
(b) all persons interested in the objection, except such (if any) of them as have consented
without protest to receive payment of the compensation awarded; and
(c) if the objection is in regard to the area of the land or to the amount of the compensation, the
Collector.
67. Restriction on scope of proceedings.–The scope of the enquiry in every such proceeding shall
be restricted to a consideration of the interest of the persons affected by the objection.
68. Proceedings to be in public.–Every such proceeding shall take place in public, and all persons
entitled to practice in any Civil Court in the State shall be entitled to appear, plead and act (as the case
may be) in such proceeding.
69. Determination of award by Authority.–(1) In determining the amount of compensation to be
awarded for land acquired including the Rehabilitation and Resettlement entitlements, the Authority
shall take into consideration whether the Collector has followed the parameters set out under section
26 to section 30 and the provisions under Chapter V of this Act.
(2) In addition to the market value of the land, as above provided, the Authority shall in every case
award an amount calculated at the rate of twelve per cent. per annum on such market value for the
period commencing on and from the date of the publication of the preliminary notification under
section 11 in respect of such land to the date of the award of the Collector or the date of taking
possession of the land, whichever is earlier.
Explanation.—In computing the period referred to in this sub-section, any period or periods during
which the proceedings for the acquisition of the land were held up on account of any stay or injunction
by the order of any Court shall be excluded.
(3) In addition to the market value of the land as above provided, the Authority shall in every case
award a solatium of one hundred per cent. over the total compensation amount.
70. Form of award.–(1) Every award under this Chapter shall be in writing signed by the
Presiding Officer of the Authority, and shall specify the amount awarded under clause first of section
28, and also the amounts (if any) respectively awarded under each of the other clauses of the same subsection, together with the grounds of awarding each of the said amounts.
(2) Every such award shall be deemed to be a decree and the statement of the grounds of every
such award a judgment within the meaning of clause (2), and clause (9) of respectively, of section 2 of
the Code of Civil Procedure, 1908 (5 of 1908).
71. Costs.–(1) Every such award shall also state the amount of costs incurred in the proceeding
under this Chapter, and by what persons and in what proportions they are to be paid.
(2) When the award of the Collector is not upheld, the cost shall ordinarily be paid by the
Collector, unless the Authority concerned is of the opinion that the claim of the applicant was so
extravagant or that he was so negligent in putting his case before the Collector that some deduction
from his costs should be made or that he should pay a part of the Collector’s costs.
72. Collector may be directed to pay interest on excess compensation.–If the sum, which in the
opinion of the Authority concerned, the Collector ought to have awarded as compensation is in excess
of the sum which the Collector did award as compensation, the award of the Authority concerned may
direct that the Collector shall pay interest on such excess at the rate of nine per cent. per annum from
the date on which he took possession of the land to the date of payment of such excess into Authority:
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Provided that the award of the Authority concerned may also direct that where such excess or any
part thereof is paid to the Authority after the date or expiry of a period of one year from the date on
which possession is taken, interest at the rate of fifteen per cent. per annum shall be payable from the
date of expiry of the said period of one year on the amount of such excess or part thereof which has not
been paid into Authority before the date of such expiry.
73. Re-determination of amount of compensation on the basis of the award of the Authority.–
(1) Where in an award under this Chapter, the Authority concerned allows to the applicant any amount
of compensation in excess of the amount awarded by the Collector under section 23, the persons
interested in all the other land covered by the same preliminary notification under section 11, and who
are also aggrieved by the award of the Collector may, notwithstanding that they had not made an
application to the Collector, by written application to the Collector within three months from the date
of the award of the Authority concerned require that the amount of compensation payable to them may
be re-determined on the basis of the amount of compensation awarded by the Authority:
Provided that in computing the period of three months within which an application to the Collector
shall be made under this sub-section, the day on which the award was pronounced and the time
requisite for obtaining a copy of the award shall be excluded.
(2) The Collector shall, on receipt of an application under sub-section (1), conduct an inquiry after
giving notice to all the persons interested and giving them a reasonable opportunity of being heard, and
make an award determining the amount of compensation payable to the applicants.
(3) Any person who has not accepted the award under sub-section (2) may, by written application
to the Collector, require that the matter be referred by the Collector for the determination of the
Authority concerned.
74. Appeal to High Court.–(1) The Requiring Body or any person aggrieved by the Award passed
by an Authority under section 69 may file an appeal to the High Court within sixty days from the date
of Award:
Provided that the High Court may, if it is satisfied that the appellant was prevented by sufficient
cause from filing the appeal within the said period, allow it to be filed within a further period not
exceeding sixty days.
(2) Every appeal referred to under sub-section (1) shall be heard as expeditiously as possible and
endeavour shall be made to dispose of such appeal within six months from the date on which the
appeal is presented to the High Court.
Explanation.—For the purposes of this section, “High Court” means the High Court within the
jurisdiction of which the land acquired or proposed to be acquired is situated.