Section 81 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in hindi
Temporary occupation of waste or arable land, procedure when difference as to compensation exists
- (1)Whenever it appears to the appropriate Government that the temporary occupation and use of any waste or arable land are needed for any public purpose, the appropriate Government may direct the Collector to procure the occupation and use of the same for such terms as it shall think fit, not exceeding three years from the commencement of such occupation.
- (2)The Collector shall thereupon give notice in writing to the person interested in such land of the purpose for which the same is needed, and shall, for the occupation and use thereof for such term as aforesaid, and for the materials (if any) to be taken therefrom, pay to them such compensation, either in a gross sum of money, or by monthly or other periodical payments, as shall be agreed upon in writing between him and such persons respectively.
- (3)In case the Collector and the persons interested differ as to the sufficiency of the compensation or apportionment thereof, the Collector shall refer such difference to the decision of the Authority.
Summary
- The government can temporarily occupy and use waste or arable land for public purposes.
- Arable land is land that is suitable for growing crops.
- The maximum period for this temporary occupation is three years from when the use begins.
- The Collector must give the interested persons a written notice stating the purpose of the use.
- Compensation for the use and any materials taken must be agreed upon in writing between the Collector and the owners.
- If there is a disagreement about the amount of compensation or how to divide it, the Collector refers the matter to the Authority.
Practical examples
FAQ
1. What kind of land can be taken for temporary use under Section 81 of the 2013 Land Acquisition Act?
The Act allows for the temporary occupation and use of any waste or arable land.
2. How long can the government stay on land taken under Section 81 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013?
The term of occupation cannot exceed three years from its commencement.
3. Does the government have to give notice for temporary land use under Section 81 of the 2013 Act?
Yes, the Collector must give notice in writing to the person interested in the land.
4. What happens if I disagree with the compensation for temporary use under Section 81 of the Act?
If the Collector and the persons interested differ on the amount or its division, the Collector must refer the difference to the decision of the Authority.
Test yourself
1.Under Section 81 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which type of land is specifically mentioned for temporary occupation?
2.What is the maximum term for temporary occupation allowed under Section 81 of the 2013 Act?
3.How must the compensation for temporary use be finalized under Section 81 of the Act?
4.If the Collector and owner disagree on the "sufficiency of the compensation" for temporary use under Section 81 of the 2013 Act, what is the next step?