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Chandigarh to get land acquisition & rehabilitation authority
After the constitution of the authority, no civil court,other than high court or the Supreme Court, will have jurisdiction to entertain any dispute related to land acquisition
The city is all set to get a Land acquisition, rehabilitation and resettlement authority. UT administrator VPS Badnore has approved the constitution of the one-member authority to be headed by a district and sessions judge or a representative of his, it is learnt.
The UT estates department will be issuing a notification to the effect by the end of next week. The decision will pave way for timely execution of the government’s projects in the city and also ensure compensation, rehabilitation and resettlement of people affected due to land acquisition.
“The authority will provide speedy disposal of disputes related to land acquisition, compensation, rehabilitation and resettlement. The affected parties will be able to appeal against the order of the land acquisition officer (district collector) with authority,” said a senior UT official who didn’t want to be named.
After the constitution of the authority, no civil court (other than high court or the Supreme Court) will have jurisdiction to entertain any dispute related to land acquisition in respect of which the collector or the authority is empowered, and no injunction shall be granted by any court in respect of any such matter.
The authority is being constituted under the right to fair compensation and transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Under Section 52 of the land acquisition act, the UT administration has been directed to constitute the authority for the purpose of providing speedy disposal of disputes relating to land acquisition, compensation, rehabilitation and resettlement, to establish, by notification.
It has the same powers as are vested in a civil court under the Code of Civil Procedure, 1908. The authority has original jurisdiction to adjudicate upon every reference made to it under Section 64 of the Act.
It is not be bound by the procedure laid down in the Code of Civil Procedure, 1908, but is to be guided by the principles of natural justice and subject to the other provisions of this Act and of any rules made thereunder.
WHO CAN APPROACH THE AUTHORITY
Any person who has not accepted the land acquisition award may, by written application to the district collector, require that the matter be referred by the collector to the Authority. The applicant has to state the grounds for objection to the award.
TIMELINE FOR APPROACHING THE AUTHORITY
If the person making objection 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
In other cases, within six weeks of the receipt of the notice from the collector under Section 21 of the Act, or within six months from the date of the Collector’s award, whichever period shall first expire:
WHAT CAN YOU APPROACH THE AUTHORITY FOR
One can approach the authority for objections regarding measurement of the land, amount of the compensation, person to whom it is payable, rights of Rehabilitation and Resettlement under Chapters V and VI of the Act, the apportionment of the compensation among the persons interested
PURPOSE OF AUTHORITY
Timely execution of the government’s projects in the city and also to ensure compensation, rehabilitation and resettlement of people affected due to land acquisition.
