Section 73 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in hindi
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.
Summary
- If one person gets a higher compensation from the Authority, their neighbors can ask for a similar increase.
- This applies to all land owners who were part of the same original notice issued under Section 11 of the 2013 Act.
- Owners must apply in writing to the Collector within three months of the date the Authority made its decision.
- The time spent waiting for a physical copy of the award does not count toward the three month time limit.
- The Collector will hold an inquiry and give everyone a chance to be heard before deciding the new amount.
- If an owner is unhappy with the Collector's new decision, they can still ask to have the matter sent back to the Authority.
Practical examples
FAQ
1. Can I get more money if my neighbor won their case under Section 73 of the 2013 land law?
Yes, under Section 73 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, you can apply for re-determination if your land was in the same preliminary notification as the neighbor who won a higher award.
2. How much time do I have to apply for a higher rate under Section 73 of the 2013 Act?
Under Section 73 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, you must apply in writing to the Collector within three months of the Authority's award.
3. Does the three month limit in Section 73 of the 2013 Act include the time to get a copy of the award?
No, Section 73 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, excludes the day the award was announced and the time needed to get a copy from the three month calculation.
Test yourself
Q1.Under Section 73 of the 2013 land law, which document defines the group of people who can apply for re-determination?
Q2.Under Section 73 of the 2013 Act, how long is the application window for re-determination?
Q3.Under Section 73 of the 2013 land law, what must the Collector do after receiving an application?
Q4.If a person disagrees with the re-determined award under Section 73 of the 2013 Act, what is their next step?