Issue legal notice to LA0 fir failure to pay compensation amount
if he fails to do so take out contempt of court proceedings against LAO
Section 33 and 64 of LA new act 2013
My unapproved layout was taken over under section 17 of the old act 1894 for formation of bye pass road. During 17(3) proceedings I have given objection letter for the amount fixed and requested the Lao to refer the matter under section 18 of the old act on 25.10.2013 which was duly acknowledged by then LAO. I filed writ petition to pass the award under new act and got direction to pass the award under new act and filed subsequent contempt petition .The Lao has intimated me the passing of the award on 30.11.2020 as per the contempt petition for which i immediately gave letter to LAO stating that i am willing to accept the award and that i am willing to accept the compensation amount under protest. I have signed the C form under protest on 30.11.2020. But the compensation amount was not paid and on 07.12.2020 The LAO has sent me a notice under section 33 of the new act regarding the extent of the land since it was an unapproved layout and asked me to appear in person on 16.12.2020 and give written clarification to the extent of land.. I have taken two weeks’ time to appear and on 29.12.2020 i have appeared before the LAO and gave detailed written clarification to the query raised by the LAO to the extent of the land i owned legally in that unapproved layout. In that clarification letter I have enclosed a copy of my objection letter i have filed on 25.10.2013 where i mentioned about the layout and also about my request for a reference under section 18 of the old act. As on 27.01.2021 i have not received any commination from LAO regarding my clarification to the extent of the land and also the compensation amount was not paid as per the high court order in contempt case till date. Since 30 days has passed after filing my written clarification for the notice under section 33 of the new act , on 30.01.2021 i have send a petition to the Presiding Officer- the land Acquisition, Rehabilitation and Resettlement Authority under section 64 of the new act to direct the LAO to refer the my objection letter filed before the LAO on 25.09.2013 to this forum to re-fix the Market Value for the land already acquired under section 17 of the old act .In that petition i have enclosed a copy of my letter dated 30.11.2020 and also a copy of my objection letter dated 30.11.2013 . My questions are: Whether my objection letter dated 25.11.2013 and my letter dated 30.11.2020 will be considered as same as per the new act. What is the period of limitation for the LAO to correct the award under section 33 of the new act as per my case since already 30 days has passed as per section 33 and 64 of the new act? What should I do in case the LAO keeps my clarification letter pending and not paying the compensation amount?
Asked 5 years ago in Constitutional Law
7 Answers
What is the period of limitation for the LAO to correct the award under section 33 of the new act as per my case since already 30 days has passed as per section 33 and 64 of the new act?
Asked 5 years ago
Corrections to Awards by Collector. The Collector may at any time, but not later than six months from the date of award or where he has been required under the provisions of this Act to make a reference to the Authority under Section 64, before making of such reference, by order, correct any clerical or arithmetical mistakes in either of the awards or errors arising therein either on his own motion or on the application of any person interested or local authority: Provided that no correction which is likely to affect prejudicially any person shall be made unless such person has been given a reasonable opportunity of making representation in the matter.
2) no specific time limit has been laid down to correct the award
Section 65 : Collector 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; I have already asked for reference vide my letter dated 25.11.2013 and letter dated 30.11.2020. Since 30 days has passed after submitting my clarification letter , i have i have send a petition to the Presiding Officer- the land Acquisition, Rehabilitation and Resettlement Authority under section 64 of the new act to direct the LAO to refer the my objection letter filed before the LAO on 25.09.2013 and on 30.11.2020 to re-fix the Market Value for the land already acquired. The main dispute is now is the extent of the land. Whether LAO is required to settle the dispute to the extent of land before referring to Presiding Officer- the land Acquisition, Rehabilitation and Resettlement Authority under section 64 of the new act.?
Asked 5 years ago
LAO should settle the issue as to extent of land before referring it to PO under section 64 of new act
Since the high court has passed an order directing the authorities to pay the compensation to the land acquired as per new law and also the authorities have admitted and agreed to pay the same in the result of the contempt petition against them, you are eligible for compensation as per new act.
Your objection to the compensation fixed as per old act has been acknowledged by the authorities concerned.
Section 64 (1) provides that 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 with a proviso that the Collector shall, within a period of thirty days from the date of receipt of application, make a reference to the appropriate Authority. The second proviso to Section 64 (1) provides 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.
In a decisioin by Chattisgrh high court, it was held that When land holder is awarded less compensation for reduced area than the area actually used by the Govt. the dispute would fall within the jurisdiction of the Authority u/s 51 r/w Sec. 64 of the Right to Fair Compensation and Transparency in Land Acquistion, Rehabilitation and Resettlement Act, 2013.
It was decided that:
Let the petitioner move the application within a period of four (4) weeks before the Collector and the Collector shall, thereafter, process the application for making reference, within a further period of eight (8) weeks. If the matter is referred by the Collector for decision by the Authority, the same shall be disposed of expeditiously, in accordance with law and on its own merits, within a reasonable time.
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.
Section 64 of Land Acquisition Act 2013 "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
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 Court, whether his objection be to the measurement of the land, the amount of the compensation, the persons to whom it is payable, or the apportionment of the compensation among the persons interested.
he 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 12, sub-section (2), or within six months from the date of the Collector’s award, whichever period shall first expire.”
Sec.37(2) reads as follows:
“The Collector shall give immediate notice of his awards to such of the persons interested who are not present personally or through their representatives when the awards are made.”
you may refer:
M. Pushpaja & Others v. The State of Kerala, Represented by Its Chief Secretary, Government Secretariat, Thiruvananthapuram & Others
Dear sir/ma'am,
you can issue a legal notice for the recovery.
As per the land acquisition law of 2013 (known as RFCTLARR), minimum compensation is to be a multiple of the circle rate, plus value of the assets attached to the property and a solatium equal to 100% of the total value of the property being acquired.
The Process of Land Acquisition. For the purposes of Land Acquisition Act of proceedings are carried on by an officer appointed by the government known as Land Acquisition Collector. The proceeding under the Land Acquisition Collector is of an administrative nature and not of a judicial or quasi judicial character
Since the high court has passed an order directing the authorities to pay the compensation to the land acquired as per new law and also the authorities have admitted and agreed to pay the same in the result of the contempt petition against them, you are eligible for compensation as per new act.
Your can objection to the compensation fixed as per old act has been acknowledged by the authorities concerned.
Section 64 (1) provides that 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 with a proviso that the Collector shall, within a period of thirty days from the date of receipt of application, make a reference to the appropriate Authority. The second proviso to Section 64 (1) provides 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.
In a decisioin by Chattisgrh high court, it was held that When land holder is awarded less compensation for reduced area than the area actually used by the Govt. the dispute would fall within the jurisdiction of the Authority u/s 51 r/w Sec. 64 of the Right to Fair Compensation and Transparency in Land Acquistion, Rehabilitation and Resettlement Act, 2013.
It was decided that: Let the petitioner move the application within a period of four (4) weeks before the Collector and the Collector shall, thereafter, process the application for making reference, within a further period of eight (8) weeks. If the matter is referred by the Collector for decision by the Authority, the same shall be disposed of expeditiously, in accordance with law and on its own merits, within a reasonable time.
Section 64 of Land Acquisition Act 2013 "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
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 Court, whether his objection be to the measurement of the land, the amount of the compensation, the persons to whom it is payable, or the apportionment of the compensation among the persons interested.
he 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 12, sub-section (2), or within six months from the date of the Collector’s award, whichever period shall first expire.”
Sec.37(2) reads as follows:
“The Collector shall give immediate notice of his awards to such of the persons interested who are not present personally or through their representatives when the awards are made.”
you may refer:
M. Pushpaja & Others v. The State of Kerala, Represented by Its Chief Secretary, Government Secretariat, Thiruvananthapuram & Others
