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Section 23 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 View Chapter 4

Enquiry and land acquisition award by Collector


   On the day so fixed, or on any other day to which the enquiry has been adjourned, the Collector shall proceed to enquire into the objections (if any) which any person interested has stated pursuant to a notice given under section 21, to the measurements made under section 20, and into the value of the land at the date of the publication of the notification, and into the respective interests of the persons claiming the compensation and rehabilitation and resettlement, shall make an award under his hand of—

       (a)  the true area of the land;

       (b)  the compensation as determined under section 27 along with Rehabilitation and Resettlement Award as determined under section 31 and which in his opinion should be allowed for the land; and

       (c)  the apportionment of the said compensation among all the persons known or believed to be interested in the land, or whom, or of whose claims, he has information, whether or not they have respectively appeared before him.

STATE AMENDMENT

Andhra Pradesh

   In the Principal Act, after section 23, the following section shall be inserted, namely:-

   “23A.  Award of Col lector without enquiry in case of agreement of interested persons.—(1)  Notwithstanding anything contained in section 23, if at any stage of the proceedings, the Collector is satisfied that all the persons interested in the land who appeared before him have agreed in writing on the matters to be included in the award of the Collector in the form prescribed, he may, without making further enquiry, make an award according to the terms of such agreement.

   (2) The determination of compensation for any land under sub-section (1) shall not in any way affect the determination of compensation in respect of other lands in the same locality or elsewhere in accordance with the other provisions of this Act.

   (3) Notwithstanding anything contained in the Registration Act, 1908 (Act 16 of 1908), no agreement made under sub-section (1) shall be liable to registration under that Act.”

   [Vide.— Andhra Pradesh Act 22 of 2018, sec. 4 (w.e.f. 1-1-2014).]

Maharashtra

   After section 23 of the principal Act, the following section shall be inserted, namely:-

   “23A.  Award of Collector without enquiry in case of agreement of interested persons.–(1)  Notwithstanding anything contained in section 23, if at any stage of the proceedings, the Collector is satisfied that all the persons interested in the land who appeared before him have agreed in writing on the matters to be included in the award of the Collector in the form prescribed by rules made by the State Government, he may, without making further enquiry, make an award according to the terms of such agreement.

   (2)  The determination of compensation for any land under sub-section (1) shall not in any way affect the determination of compensation in respect of other lands in the same locality or elsewhere in accordance with the other provisions of this Act.

   (3)  Notwithstanding anything contained in the Registration Act, 1908 (16 of 1908), no agreement made under sub-section (1) shall be liable to registration under that Act.”

   [Vide.— Maharashtra Act 37 of 2018, sec. 4 (w.e.f. 26-4-2014).]


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