Section 101 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 View Chapter 13

Return of unutilised land


   When any land acquired under this Act remains unutilised for a period of five years from the date of taking over the possession, the same shall be returned to the original owner or owners or their legal heirs, as the case may be, or to the Land Bank of the appropriate Government by reversion in the manner as may be prescribed by the appropriate Government.

   Explanation.—For the purpose of this section, “Land Bank” means a governmental entity that focuses on the conversion of Government owned vacant, abandoned, unutilised acquired lands and tax-delinquent properties into productive use.

STATE AMENDMENT

Andhra Pradesh

   “In the principal Act, in section 101, for the words “a period of five years”, the words “a period specified for setting up of any project or for five years, whichever is later,” shall be substituted.”

   [Vide.—Andhra Pradesh Act 22 of 2018, sec. 11 (w.e.f. 1-1-2014).]

Haryana

   After section 101 of the principal Act, the following section shall be inserted, namely:-

   “101A.  Power to denotify land.- When any public purpose, for which the land acquired under the Land Acquisition Act, 1894 (Central Act 1 of 1894) becomes unviable or non-essential, the State Government shall be at liberty to denotify such land, on such terms, as considered expedient by the State Government, including the payment of compensation on account of damages, if any, sustained by the land owner due to such acquisition:

   Provided that where a part of the acquired land has been utilized or any encumbrances have been created, the landowner may be compensated by providing alternative land alongwith payment of damages, if any, as determined by the State Government.”

   [Vide.—Haryana Act 21 of 2018, sec. 5 (w.e.f. 9-5-2018).]