NOTIFICATION AND ACQUISITIONCentral

Section 23 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in hindi

Enquiry and land acquisition award by Collector.

On the day so fixed, or on any other day to which the enquiry has been adjourned, the Collector shall proceed to enquire into the objections (if any) which any person interested has stated pursuant to a notice given under section 21, to the measurements made under section 20, and into the value of the land at the date of the publication of the notification, and into the respective interests of the persons claiming the compensation and rehabilitation and resettlement, shall make an award under his hand of--

(a)the true area of the land;
(b)the compensation as determined under section 27 along with Rehabilitation and Resettlement Award as determined under section 31 and which in his opinion should be allowed for the land; and
(c)the apportionment of the said compensation among all the persons known or believed to be interested in the land, or whom, or of whose claims, he has information, whether or not they have respectively appeared before him. STATE AMENDMENTS Andhra Pradesh In the Principal Act, after section 23, the following section shall be inserted, namely:-- "23A. Award of Col lector without enquiry in case of agreement of interested persons.--(1) Notwithstanding anything contained in section 23, if at any stage of the proceedings, the Collector is satisfied that all the persons interested in the land who appeared before him have agreed in writing on the matters to be included in the award of the Collector in the form prescribed, he may, without making further enquiry, make an award according to the terms of such agreement.

(2)The determination of compensation for any land under sub-section (1) shall not in any way affect the determination of compensation in respect of other lands in the same locality or elsewhere in accordance with the other provisions of this Act.
(3)Notwithstanding anything contained in the Registration Act, 1908 (Act 16 of 1908), no agreement made under sub-section (1) shall be liable to registration under that Act." [Vide Andhra Pradesh Act 22 of 2018, sec. 4 (w.e.f. 1-1-2014).] Maharashtra After section 23 of the principal Act, the following section shall be inserted, namely:- "23A. Award of Collector without enquiry in case of agreement of interested persons.–(1) Notwithstanding anything contained in section 23, if at any stage of the proceedings, the Collector is satisfied that all the persons interested in the land who appeared before him have agreed in writing on the matters to be included in the award of the Collector in the form prescribed by rules made by the State Government, he may, without making further enquiry, make an award according to the terms of such agreement.
(2)The determination of compensation for any land under sub-section (1) shall not in any way affect the determination of compensation in respect of other lands in the same locality or elsewhere in accordance with the other provisions of this Act.
(3)Notwithstanding anything contained in the Registration Act, 1908 (16 of 1908), no agreement made under sub-section (1) shall be liable to registration under that Act." [Vide Maharashtra Act 37 of 2018, sec. 4 (w.e.f. 26-4-2014).]

Summary

The Collector holds a formal inquiry into objections regarding land measurements or value.
This inquiry is based on the notices previously sent out to interested persons.
The Collector must determine the true total area of the land being taken.
The Collector calculates the final compensation amount based on the market value of the land.
The award must also include the specific Rehabilitation and Resettlement Award for the affected people.
Finally, the Collector decides how the compensation money is split among all people who have a claim.

Practical examples

1On the scheduled day in October, the Collector listens to Mr. Das, who argues his land is actually 500 square meters larger than recorded. After checking the maps, the Collector issues an award in his own handwriting that fixes the area and grants Mr. Das 20 lakhs plus a new apartment in the resettlement colony.

2A plot of land is owned by three brothers who cannot agree on how to split the money. The Collector uses Section 23 to study their shares and issues an award that gives 40 percent to the eldest brother and 30 percent each to the younger two, ensuring the project moves forward.

FAQ

1. What does the Collector decide during an inquiry under Section 23 of the Land Acquisition Act 2013?

Under Section 23 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the Collector determines the true area of the land, the total compensation amount, and how that money should be shared among interested persons.

2. Is the resettlement package included in the Collector's award under Section 23 of the Land Acquisition Act 2013?

Yes, Section 23 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, requires the award to include the Rehabilitation and Resettlement Award as determined under Section 31.

3. Does it matter if I didn't show up for the hearing under Section 23 of the Land Acquisition Act 2013?

Section 23 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, says the Collector will determine the sharing of compensation among all known interested persons, whether or not they appeared before him.

4. How is the compensation amount calculated for an award under Section 23 of the Land Acquisition Act 2013?

According to Section 23 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the compensation is determined following the rules laid out in Section 27 of the same Act.

Test yourself

1.Under Section 23 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, what is the first thing the Collector must state in the award?

2.According to Section 23 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the compensation is determined according to which other section?

3.Under Section 23 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, who determines how the compensation is split (apportioned)?

4.If a person was notified under Section 21 but failed to appear, can the Collector still award them compensation under Section 23 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013?

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