Right to Fair Compensation Act
Establishment of the Land Acquisition, Rehabilitation and Resettlement Authority: Section 51
The 1894 Act sent compensation disputes to the civil court's reference jurisdiction, where they aged with the rest of the docket. The 2013 Act builds a specialist forum instead: under Section 51, the appropriate Government establishes one or more Land Acquisition, Rehabilitation and Resettlement Authorities for the speedy disposal of disputes on acquisition, compensation, rehabilitation and resettlement. Part G begins here. This note covers the establishment power, the Authority's jurisdictional field, and its place in the Act's remedy map.
1. The Establishment Power
- Who and how: the appropriate Government, by notification, establishes one or more Authorities, each State fielding as many benches as its acquisition load needs, with the notification defining each Authority's territorial reach.
- For what: the speedy disposal of disputes relating to land acquisition, compensation, rehabilitation and resettlement, the four subjects stated in the section itself, so the forum's design brief is breadth (all four) and pace (speedy disposal, with the Act and rules supplying the timelines).
- Its character: a statutory adjudicatory authority, a tribunal in substance, taking the work the civil court did under the 1894 Act's Sections 18 and 30, the reference on measurement, compensation, apportionment and persons interested, plus the work no forum did before: R&R entitlement disputes.
- Why it matters doctrinally: the Authority is the counterpart of Section 63's bar on civil court jurisdiction (Topic 79): the ouster is constitutional because a complete, specialist, judicially-manned alternative exists, which is also why the appointment standards of Sections 52 and 53 (Topic 71) carry constitutional weight.
2. The Jurisdictional Field
Head of dispute | Route in | The Authority's task |
|---|---|---|
Measurement of the land | Reference under Section 64 | Correcting the true area the award stated |
Amount of compensation | Reference under Section 64, payment taken under protest | Re-determining value on the Sections 26 to 30 principles |
Persons to whom payable | Reference under Section 64; apportionment disputes under Sections 76 and 77 | Settling title to the money among persons interested |
Rehabilitation and resettlement | Reference under Section 64 | Enforcing the Section 31 award and the Second and Third Schedule entitlements |
Part-of-a-house questions | Section 94 | Deciding whether land is part of a house, manufactory or building |
Temporary-occupation compensation | Sections 81 to 83 machinery | Fixing use-and-damage compensation where agreement fails |
3. The Remedy Map Around It
The Authority sits at the centre of the Act's post-award remedies. Below it, the Collector: the two awards, the slip rule, and the reference duty when a claimant requires. From it, the appeal: Section 74 carries the Authority's award to the High Court, within the Act's limitation (Topic 76). Around it, the exclusions: the civil court is barred (Section 63), and the writ jurisdictions stand above the whole structure, untouched as always. Inside it, the method: the Authority proceeds on the Act's principles with the procedural powers Sections 60 and following confer, and its awards carry the Act's premiums, solatium, the additional amounts and interest, on every enhancement, the point Sunder settled for the old law and the new structure absorbs. For the displaced family the practical meaning of Section 51 is one address: measurement, money, apportionment and rehabilitation grievances, which under the old law were split between the Collector, the civil court and nobody, now converge on a single specialist forum built to answer within a stated time.
⚠ Key point Section 51: the appropriate Government establishes, by notification, one or more LARR Authorities for the speedy disposal of disputes on acquisition, compensation, rehabilitation and resettlement, the specialist successor to the civil court's reference jurisdiction, with R&R disputes added to its charge. It pairs with Section 63's civil-court bar, receives disputes through the Section 64 reference (and Sections 76, 77, 81 to 83 and 94), and its awards travel to the High Court under Section 74. |
4. Related Topics and Provisions
- Composition and terms (Topic 71): who sits on the Authority
- Powers and procedure (Topic 72): how it works
- The reference (Topic 73): the main road in
- Bar of civil court (Topic 79): the ouster it justifies