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Showing contexts for: rfctlarr in Smt. Sabita Sharma And 2 Others vs State Of U.P. And 2 Others on 7 April, 2023Matching Fragments
10. Learned counsel for the petitioners, however, relied on a notification dated 26th October, 2015 issued by the Government of India, Department of Land Resources, Ministry of Rural Development under Section 113 of the RFCTLARR Act, 2013.
11. The submission is that the said notification clarifies doubt and settles the dispute relating to the reference date for calculation of market value under Section 24(1)(a) of the RFCTLARR Act, 2013 and provides that 1.1.2014 shall be the date for calculation of market value in view of Section 24(1)(a) of the RFCTLARR Act, 2013. The dispute, thus, pertains to the cut-off date under the RFCTLARR Act, 2013 for applying the provisions of Section 24(1)(a) of the RFCTLARR Act, 2013.
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 had been enacted with the objective to provide fair compensation to those whose land is taken away, to bring transparency to the process of acquisition of land for infrastructural projects, to set up factories or buildings and to assure rehabilitation of those affected. In the statement of objects and reasons of the RFCTLARR Act, 2013, it was noted that the provisions of the Land Acquisition Act, 1894, relating to acquisition of land for public purpose and also for companies and for determining the amount of compensation to be made on account of such acquisition, have been found to be inadequate in addressing certain issues relating to the exercise of the statutory powers of the State for involuntary acquisition of private land and property, the issues of rehabilitation and resettlement to the affected persons and, their families. In order to provide a unified legislation dealing with acquisition of land, to provide for just and fair compensation and to make adequate provisions for rehabilitation and resettlement mechanism for the affected persons and their families, the bill for repealing and replacing the Land Acquisition Act, 1894, to seek the above objectives, had been introduced in the Lok Sabha on 7th September, 2011 and received assent of the President in 2013. The RFCTLARR Act, 2013 was passed by both the Houses of Parliament, received assent of President on 27th September, 2013 and has been brought into force on 1.1.2014. Section 24 of the RFCTLARR Act, 2013 relevant for our purposes is noted hereunder:-
(b) the average sale price for similar type of land situated in the nearest village or nearest vicinity area; or
(c) consented amount of compensation as agreed upon under sub-section (2) of section 2 in case of acquisition of lands for private companies or for public private partnership projects, whichever is higher:
Provided that the date for determination of market value shall be the date on which the notification has been issued under section 11."
As per the proviso to sub-section (1), the date of determination of market value for acquisitions under the RFCTLARR Act, 2013 is the date on which the notification has been issued under Section 11 of the RFCTLARR Act, 2013, which provides for publication of preliminary notification, notifying the intention of the appropriate Government to acquire land in any area for any public purpose. Section 11 of 2013 Act is pari materia to Section 4 of the Act, 1894 in the matter of issuance of declaration of preliminary notification of proposal of acquisition. Thus, in a case where acquisition is made after enforcement of the RFCTLARR Act, 2013, i.e. on or after 1.1.2014, there cannot be a dispute about the date of determination of market value for the purposes of computation of compensation. However, there remained an ambiguity with regard to the transitional phase on the applicability of Section 24(1)(a) of the RFCTLARR Act, 2013.
21. From a perusal of the D.O. letter dated 26th October, 2015, issued by the concerned Ministry of the Central Government forwarded to the Principal Secretary of the State of U.P., for information and necessary action, it is evident that the said direction was made in order to remove difficulty arose in giving effect to the provisions of the RFCTLARR Act, 2013, in the matter of calculation of market value under Section 24(1)(a), in the land acquisition proceedings initiated under the Act, 1894. The said directions issued by the Central Government being in exercise of the power under Section 113 of the RFCTLARR Act, 2013 have statutory force and are binding on all the State Government being in view of the power conferred on the Central Government to make such provision or give such directions which are not inconsistent with the provisions of the RFCTLARR Act, 2013, for removal of any difficulty arising in giving effect to the provisions of the RFCTLARR Act, 2013.