Chapter VIII LAND ACQUISITION CASES

1. (1) Whenever a reference of a case is made to the Authority under any law providing for acquisition of land by the Government, the concerned Deputy Commissioner and any officer specially designated by the Government shall authorise a Law Officer to conduct the case on his behalf.
2. (2) The concerned Deputy Commissioner and any officer specially designated by the Government shall maintain a register of all such references indicating the names of parties, description of the land acquired, the claim made by the petitioner and other particulars as may be prescribed.

1. (1) The concerned Deputy Commissioner and any officer specially designated by the Government shall forward to the Law Officer the file relating to case and all other documentary and oral evidence relied upon by him in passing the Award.
2. (2) The following records namely:-
   • (a) extracts of Record of Rights, RTC, Pahani and Khaneshumari register extracts;
   • (b) Average Yield Notification;
   • (c) Documents prepared under the Karnataka Land Revenue Act,1964 (Karnataka Act 12 of 1964) and other agrarian laws to show the nature of the soil, source of irrigation and such other material relevant for determining the value of the land;
   • (d) if reliance is placed on sale deeds of similarly situated lands in the neighborhood sold in the recent past, then copies of such sale deeds; and
   • (e) Date of preliminary notification, as mentioned in the APMC records or other records of similarly situated lands in the neighborhood.
     • • shall be made available to the Law Officer by the concerned Deputy Commissioner and any officer specially designated by the Government.

1. (1) The Law Officer shall bear in mind the following guidelines while leading evidence, generally,-
   • (a) if reliance is placed on sale deeds of similarly situated lands in the neighborhood sold in the recent past, then evidence to establish the dissimilarity and remoteness of the land compared to the land in question;
   • (b) where the Public Works Department has valued the buildings in the land, the Law Officer shall examine the Officer who has valued the buildings;
   • (c) to adduce necessary oral and documentary evidence so as to establish the correct value of the land acquired;
   • (d) to bring on record as much material as is in the case file and is relevant for supporting the award made by the concerned Deputy Commissioner and any officer specially designated by the Government; and
   • (e) to study the file and produce copies of the record of rights and other documents referred to above in the above said file before the Authority and get them marked in the case.

It shall be the duty of the concerned Deputy Commissioner and any officer specially designated by the Government:

1. (a) to examine as to whether such application is filed within time and is maintainable and to pass orders thereon as expeditiously as possible;
2. (b) to assist the Law Officer in the conduct of the case and to get the PWD Officers and other Officers and other witnesses for examination in the Authority;
3. (c) to watch the progress of the case in the Authority and give all necessary assistance to the Law Officer;
4. (d) furnish the entire file in which award has been made, to the Law Officer;
5. (e) In cases where the claimant approaches the Authority under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Act, 2013 (Central Act 30 of 2013),-
   • (i) verify whether such an application is maintainable, whether the allegation made therein are correct;
   • (ii) verify whether he had filed the application under sub-section(1) of section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Act, 2013 ( Central Act 30 of 2013) within the period of limitation; and
   • (iii) file necessary objections and produce all relevant evidence before the Authority.

Where in any case before the Authority it comes to the notice of the Government that,-

1. (a) forged, anti-dated or bogus reference under sub-section (1) of section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Act, 2013 (Central Act 30 of 2013) have been filed or sent to Authority claiming that it has been sent pursuant to a direction of the Authority when in fact no such direction is issued by the Authority;
2. (b) copies of non-existent, bogus or forged applications said to have been made to the concerned Deputy Commissioner and any officer specially designated by the Government have been filed in the Authority along with application under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Act, 2013 (Central Act 30 of 2013);
3. (c) bogus or forged receipts said to have been given by the concerned Deputy Commissioner and any officer specially designated by the Government for having received application under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Act, 2013 (Central Act 30 of 2013) have been filed into the Authority; and
4. (d) false allegation of filing application under sub-section (1) of section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Act, 2013 (Central Act 30 of 2013) before the concerned Deputy Commissioner and any officer specially designated by the Government and the concerned Deputy Commissioner and any officer specially designated by the Government making a reference under that section. it shall be the duty of the concerned Deputy Commissioner and any officer specially designated by the Government and the Law Officer to verify the records and bring all such incidents to the notice of the Authority and also assist the Authority in wading away false records and to take appropriate criminal action against the culprits.

1. (1) The Law Officer shall obtain certified copies of the decree, and the award immediately after pronouncement of the award irrespective of whether the order is for or against the Government.
2. (2) Where the Authority has awarded higher compensation the concerned Deputy Commissioner and any officer specially designated by the Government shall forthwith inform the Revenue Commissioner and the Law Secretary about the enhancement of compensation to enable the Revenue Commissioner to take necessary steps to get additional allotments for meeting the additional expenditure relatable to the enhancement.
3. (3) The Law Officer shall send one copy of the Award and decree to the concerned Deputy Commissioner and any officer specially designated by the Government and another copy to the Law Secretary along with his opinion about the competency of filling of an appeal A copy each of the opinion shall also be sent to the concerned Deputy Commissioner and any officer specially designated by the Government and the Revenue Commissioner. The opinion shall indicate the actual enhanced compensation granted by the Authority.
4. (4) The Revenue Commissioner shall within the time allowed by the Authority get necessary amount sanctioned for payment of the additional compensation.
5. (5) Whenever a certified copy of the Award and decree passed by the Authority is forwarded it shall invariably accompany a certified copy of the award passed by the concerned Deputy Commissioner and any officer specially designated by the Government.

1. (1) The Law Department shall examine the Award of the Authority and decide on whether there are valid grounds to challenge the Award in appeal. If it is decided to file an appeal, an order shall be made and copies thereof shall be sent to the concerned Law Officer authorised to file the appeal, the concerned Deputy Commissioner and any officer specially designated by the Government and to the Revenue Commissioner: Provided that, where the Legal Cell in the Department decides not to prefer appeal, the records and papers concerning the case shall be referred to the Law Department for approval of such decision.
2. (2) Where the Law Department approves the decision of the Legal Cell or otherwise decides not to prefer appeal it shall communicate the same immediately to the concerned Deputy Commissioner and any officer specially designated by the Government to enable him take steps to deposit the amount of excess compensation as per the award passed by the Authority.

1. (1) The concerned Deputy Commissioner and any officer specially designated by the Government shall intimate the fact of such deposit to the Law Officer concerned, to the Legal Cell and to the Law Department.
2. (2) The fact of such deposit shall be entered by the concerned Deputy Commissioner and any officer specially designated by the Government in such form as may be prescribed.
3. (3) The Law Officer shall maintain separate file for each case and shall record in his file the details of the deposit. He shall also preserve copies of all documents petitions and papers filed into the Authority by him and the other side. The concerned Deputy Commissioner and any officer specially designated by the Government shall give him all necessary assistance in the matter: Provided that, no such deposit shall be made by the concerned Deputy Commissioner and any officer specially designated by the Government except after obtaining orders from the Law Secretary who shall not pass orders unless he has examined the competency of filing appeal against the order of the Authority.
4. (4) Where in a case decision is taken to prefer appeal against the award the concerned Deputy Commissioner and any officer specially designated by the Government is constrained to deposit the enhanced amount in the Authority the Law Officer shall apply to the Authority for an order restraining the party to draw the amount unless he has given adequate security is given for the amount.
5. (5) Where the Law Department decides to prefer an appeal, the Law Officer concerned shall prepare and file appropriate memorandum of appeal urging all available pleas. It shall be the duty of the Law Officer to move the High Court for an order staying the operation of the judgment and award of the Authority even if there is no direction to do so, from the Law Department. Where execution of the award is taken out, before the Government could obtain stay of the Award from the High Court, the concerned Deputy Commissioner and any officer specially designated by the Government shall give instructions to the Law Officer to obtain stay of its Award before the Authority.
6. (6) The provisions of Chapter V or as the case may be Chapter VII shall apply mutatis mutandis for prosecuting or defending appeals against the order of the Authority before the High Court and for prosecuting or defending cases before the Supreme Court, respectively. Explanation: For the purpose of this Chapter “Authority” shall have the same meaning as assigned to it in clause (f) of section 3 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Act, 2013 (Central Act 30 of 2013).