Section 71 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in hindi
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.
Summary
- The award must state the total legal costs of the proceeding.
- It must specify which person has to pay these costs and in what share.
- Usually, the Collector pays the costs if the Authority does not agree with the Collector's original award.
- The Authority can force the land owner to pay costs if their claim was way too high (extravagant).
- If a land owner was negligent in presenting their case, they might have their costs reduced or be forced to pay part of the Collector's costs.
Practical examples
FAQ
1. Who usually pays the legal costs under Section 71 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013?
Under Section 71 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the Collector ordinarily pays if their award is not upheld.
2. Can a land owner be forced to pay costs under Section 71 of the 2013 Act?
Yes, Section 71 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 allows the Authority to make the applicant pay if their claim was extravagant or if they were negligent.
3. Does a Section 71 award need to show the exact proportion of costs?
Yes, Section 71 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 states the award shall state by what persons and in what proportions costs are to be paid.
4. What happens if I am negligent in putting my case before the Collector according to Section 71?
Under Section 71 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the Authority may deduct your costs or make you pay part of the Collector's costs.
Test yourself
Q1.Under Section 71 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, when does the Collector ordinarily pay the costs?
Q2.According to Section 71 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, an applicant might pay costs if their claim was:
Q3.In an award issued under Section 70, Section 71 requires that the document also state:
Q4.If a land owner is found negligent in presenting their case under Section 71 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the Authority may:
Q5.When the Authority determines an award under Section 69 and records it under Section 70, who decides the proportion of costs under Section 71?