Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Tamil Nadu Second Amendment) Act, 2014
The Government of Tamil Nadu, Law Department, published Act No. 36 of 2019 on August 26, 2019, after it received the President's assent on August 19, 2019. The Act amends section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, for Tamil Nadu, by excluding specified older land acquisition proceedings from section 24(2) and treating compensation deposited in a treasury or court as deposited for beneficiaries and paid.
What the Act does
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Tamil Nadu Second Amendment) Act, 2014 applies throughout Tamil Nadu. Although published as Act No. 36 of 2019 on August 26, 2019, it is deemed to have come into force on January 1, 2014.
The Act adds a further proviso and an explanation to section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, as that provision applies in Tamil Nadu.
Proceedings covered by the exclusion
The amendment states that section 24(2) does not apply to land acquisition proceedings initiated under the Land Acquisition Act, 1894, in any of the following circumstances:
- The land acquisition or dispossession of the land was under litigation before a court on January 1, 2014.
- The landowner had not made a claim for compensation by January 1, 2014.
- The landowner had not claimed the compensation amount by January 1, 2014.
- Possession of the land had been taken, but the land or part of it was later encroached upon.
- Physical possession of the land or part of it had not been taken because of an encroachment.
Treatment of deposited compensation
The explanation added by Act No. 36 of 2019 addresses compensation payable under the Land Acquisition Act, 1894. When compensation has been deposited in a treasury or in a court, it is treated, for the purpose of section 24(2), as having been deposited in the beneficiaries' accounts and paid in accordance with that Act.
Who may be affected
The amendment may affect landowners, compensation beneficiaries and parties involved in older acquisition proceedings begun under the Land Acquisition Act, 1894. It is particularly relevant where litigation, an unclaimed compensation amount, a treasury or court deposit, or an encroachment existed in the circumstances described by the amendment.
Property buyers and professionals examining land connected with an acquisition proceeding should check whether any of these stated conditions apply to that land.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Does the amendment apply across Tamil Nadu?
Yes. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Tamil Nadu Second Amendment) Act, 2014 extends to the whole of Tamil Nadu.
From what date is the amendment treated as effective?
Act No. 36 of 2019 is deemed to have come into force on January 1, 2014.
Does court litigation affect the application of section 24(2)?
Yes. For proceedings initiated under the Land Acquisition Act, 1894, section 24(2) does not apply where the land acquisition or dispossession was under litigation before a court on January 1, 2014.
Is compensation deposited in a treasury or court treated as paid?
For the purpose of section 24(2), compensation payable under the Land Acquisition Act, 1894, and deposited in a treasury or court is deemed to have been deposited in the beneficiaries' accounts and paid in accordance with that Act.
