Section 40 of LARR Act, 2013 : Section 40: Special Powers In Case Of Urgency To Acquire Land In Certain Cases

Explanation using Example

Imagine the government needs to quickly build a flood barrier due to an impending monsoon that threatens to cause significant flooding and damage to a village. Under Section 40(1) of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the government can direct the Collector to take possession of the necessary land for this public purpose after 30 days from the notice publication, even if no compensation award has been made yet.

However, the government's use of this urgent power is limited under Section 40(2). They can only acquire the minimum area needed for addressing the emergency, in this case, the area required for the flood barrier. If any buildings are to be taken over, the...

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