Section 23 of LARR Act, 2013 : Section 23: Enquiry And Land Acquisition Award By Collector

Explanation using Example

Imagine a scenario where the government intends to acquire a piece of land for a new highway project. The landowners are notified and a public notice is issued under Section 21 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The landowners have some objections regarding the proposed acquisition and the compensation offered.

The Collector sets a date for an enquiry to hear these objections. On the day of the enquiry, the Collector examines the objections, the valuation of the land at the time of notification, and the interests of the claimants. After considering all factors, the Collector makes a formal decision, known as an award, which includes:

1. The exact measurement of the land being acquired;
2. The total compensation amount, which is calculated as per the provisions of the Act, including any additional rehabilitation and resettlement benefits; and
3. The division of this compensation among all those who have an interest in the land, whether or not they were present at the enquiry.

In Andhra Pradesh, for instance, if at any point during the process, the Collector finds that all interested parties who are present agree in writing on the award's contents, the Collector can issue the award without further enquiry, based on this agreement. This is according to the state amendment section 23A, which aims to simplify and expedite the process when there's mutual consent among the interested parties.

Similarly, in Maharashtra, the state amendment allows for the same provision where the Collector can finalize the award without further enquiry if there is a written agreement between all interested parties.