Amendments to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2017
The Government of Tamil Nadu, Revenue and Disaster Management Department, issued G.O. Ms. No.563 on 13 October 2020 to amend the Tamil Nadu Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2017. The amendments remove clause (d) of rule 2 and replace rule 18 with requirements governing award forms, the authority making an award and the prior approval needed at specified compensation levels.
What the notification changes
The Revenue and Disaster Management Department issued G.O. Ms. No.563, Revenue and Disaster Management Land Administration Wing, LA-I(1) Section, dated 13 October 2020. Acting under section 109 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the Governor of Tamil Nadu amended the Tamil Nadu Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2017. A draft had previously been published as required under section 112 of the Act.
The amendments make two changes:
- Clause (d) of rule 2 is omitted.
- Rule 18 is replaced with a new rule on land acquisition awards.
Requirements for land acquisition awards
The substituted rule 18 sets out the forms to be used and identifies who may make an award at the stated compensation levels.
- A land acquisition award referred to in section 23 must be made in Form VII and Form VIII.
- If compensation for land is not more than Rupees Ten Crores, and compensation including Rehabilitation and Resettlement benefits is not more than Rupees Twenty Crores, the officer designated under clause (g) of section 3 of the Act makes the award after obtaining prior approval from the District Collector.
- If compensation for land is more than Rupees Ten Crores, and compensation including Rehabilitation and Resettlement benefits is more than Rupees Twenty Crores, the District Collector makes the award after obtaining prior approval from the Commissioner of Land Administration.
The notification states both monetary conditions together for each approval route. It does not explain the procedure where only one of the two stated limits is crossed.
Who may be affected
The amended rules are relevant to landowners and other persons involved in acquisition proceedings where an award is made under section 23. They are also relevant to designated land acquisition officers, District Collectors and the Commissioner of Land Administration because the substituted rule allocates responsibility for making and approving awards.
The notification addresses award forms and approval authority. It does not set out a new compensation rate or explain the content of the omitted definition in clause (d) of rule 2.
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
Which forms must be used for a land acquisition award?
A land acquisition award referred to in section 23 must be made in Form VII and Form VIII.
Who makes an award when both compensation amounts are within the stated limits?
Where land compensation is not more than Rupees Ten Crores and total compensation including Rehabilitation and Resettlement benefits is not more than Rupees Twenty Crores, the designated officer makes the award after prior approval from the District Collector.
Who handles an award when both compensation amounts exceed the stated limits?
Where land compensation is more than Rupees Ten Crores and total compensation including Rehabilitation and Resettlement benefits is more than Rupees Twenty Crores, the District Collector makes the award after prior approval from the Commissioner of Land Administration.
Does the notification introduce a new compensation rate?
No new compensation rate is stated. The notification changes the required award forms and the authority and prior approval needed at the specified compensation levels.
