Land Acquisition and Compensation

What this case type involves

Key legal provisions

Provisions are quoted by section and Act. The notes paraphrase their effect; always read the current text of the statute before relying on it.

• ‘Section 11, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013’

  preliminary notification of intended acquisition.

• ‘Section 15, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013’

  objections within 60 days of the preliminary notification.

• ‘Section 26, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013’

  determination of market value.

• ‘Section 64, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013’

  reference to the Authority against the award.

• ‘Section 24, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013’

  lapse of old acquisitions where possession was not taken or compensation not paid — interpreted in Indore Development Authority v. Manoharlal (2020).

Filing procedure, step by step

1. 1File objections within 60 days of the Section 11 notification and participate in the hearing.
2. 2Accept compensation under protest if you intend to seek enhancement; apply for reference under Section 64 within six weeks of the award.
3. 3Appeal from the Authority's award to the High Court under Section 74 within 60 days (extendable by a further 60 days).
4. 4Challenge illegality in the acquisition process by writ petition promptly — delay defeats such challenges.

Limitation periods

• Objections: 60 days from the preliminary notification.
• Reference application: six weeks from the award if present at the award, otherwise six weeks from notice or six months from the award (Section 64(2)).
• Appeal to the High Court: 60 days, extendable by 60 days on sufficient cause (Section 74).

Limitation is computed under the Limitation Act 1963 and the specific statute; the time taken to obtain certified copies is generally excluded. Verify the applicable period with counsel before filing.

Documents you will need

• Title and revenue records of the acquired land
• Preliminary and final notifications, award
• Sale deeds of comparable land to prove market value
• Protest letter at the time of receiving compensation

Practical tips for litigants

• Comparable sale exemplars close to the notification date are the strongest evidence for enhancement.
• Do not accept compensation without protest if you want to seek enhancement.