Question

Under the law relating to land acquisition under the relevant laws in India, which of the following statements is not true?

• A. The Collector shall publish the public notice on his website.
• B. Such interested persons may file objections within 6 months of the notice having been issued.
• C. All persons interested in the land in question shall appear personally before the Collector.
• D. A minimum notice period of 30 days is to be given to all the persons interested.

Hint:

For land acquisition under the 2013 Act, remember: 60 days for objections. If an option states "6 months," it is almost certainly the incorrect statement!

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
This question tests the knowledge of specific timelines under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Step 2: Key Formula or Approach:
Identify the statutory provisions regarding the objections window for land acquisition proceedings.

Step 3: Detailed Explanation:
The Act mandates that any person interested in land notified for acquisition can file objections.
According to Section 15 of the 2013 Act, these objections must be filed within 60 days of the preliminary notification, not 6 months.
Other options regarding the publication on the website and the requirement to appear personally are accurate reflections of the procedures under the Act.

Step 4: Final Answer:
Statement (B) is incorrect because the statutory limit for objections is 60 days, making it the correct answer to the "not true" prompt.

Answer 2

The question asks us to identify the one statement that does NOT correctly describe the procedure under the law governing acquisition of land for public purposes, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Each option must be checked against the actual statutory procedure.

1. The Collector shall publish the public notice on his website: This is an accurate description of the notification procedure. Along with publication in newspapers and at the locality, the Act requires the preliminary notification to be uploaded on the website of the concerned authority so that affected persons can access it easily. This statement is true and is therefore not the answer.
2. Such interested persons may file objections within 6 months of the notice having been issued: This statement does not match the law. Section 15 of the 2013 Act gives interested persons only sixty days from the date of the preliminary notification to file objections to the area, purpose, or nature of acquisition, not six months. Because this timeline is wrong, this is the false statement the question is looking for.
3. All persons interested in the land in question shall appear personally before the Collector: This reflects the actual practice under the Act, where interested persons appear before the Collector, who then conducts a hearing and forwards a report with recommendations. This statement is accurate and is not the one asked for.
4. A minimum notice period of 30 days is to be given to all the persons interested: This is consistent with the fair notice requirements built into the acquisition process, giving affected persons adequate time to respond before further steps are taken. This statement is also accurate.

Since three of the four statements correctly describe the acquisition procedure and only the six month objection period is wrong, that is the statement which is not true.

Therefore, the correct answer is Such interested persons may file objections within 6 months of the notice having been issued.