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B.A. LL.B. (Five Years) Sem 10 Land Law 2019 Jun Question Paper with Solutions - KSLU

KSLU Solved Question Papers

Land Law

Previous Year Question Paper with Solution

B.A. LL.B. (Five Years) · Sem 10

2019 Jun Examination

munotes.in

Mumbai

First published on munotes.in on 21 October 2026.

Published by munotes.in, Mumbai.

Model answers written and edited by the munotes.in editorial desk.

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The question paper reproduced here is the paper as set by Karnataka State Law University at the 2019 Jun examination.

The Paper as Set

The questions in this volume are the questions asked at the 2019 Jun examination, reproduced as Karnataka State Law University set them, in the order it set them. Long reading passages are shortened to their first and last lines and our summary; the original paper prints them in full. Only the answers are ours. See the original question paper.

Duration 3 hours · Total marks 100 · 13 questions answered

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Read the original question paper

Q1Explain the scope and salient features of Land Acquisition, Rehabilitation and Resettlement Act, 2013.[16]

Answer

For full marks, cover: the Act, its full name, purpose, extent, commencement and the repeal of the 1894 Act (sections 1 and 114); its scope: purposes covered, partnerships and private companies, private purchases, excluded Acts and old acquisitions (sections 2, 24 and 105); who is protected (section 3); its salient features in order: social impact assessment, consent, food security, the notification and declaration procedure, compensation formula, rehabilitation and resettlement, special provisions for Scheduled Castes and Scheduled Tribes, the Authority, return of unused land, offences, urgency confined (section 40); safeguards after acquisition (sections 96 and 99 to 108); Karnataka's amendment; cases; conclusion.

The Act and its aim

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 replaced the Land Acquisition Act, 1894 from 1 January 2014. Its long name states its aims: fair compensation, transparency in the process, and rehabilitation and resettlement of those affected. It treats acquisition as a humane and participatory process, not merely a taking of land.

The Act extends to the whole of India (section 1(2)). Section 114 repeals the 1894 Act. Section 6 of the General Clauses Act, 1897 still governs the effect of that repeal, save as the Act provides. The old Act paid persons with an interest in the land the value of that interest. The new one also counts those who lived off the land, and puts rehabilitation on the same footing as compensation.

Scope

Government use and public purpose (section 2(1)). It applies whenever the appropriate Government acquires land for its own use or for a listed public purpose. These include defence, infrastructure, projects for affected families, housing for specified groups, planned development and housing for the poor.
Partnerships and companies (section 2(2)). It applies to acquisition for public private partnership projects and private companies, for a public purpose. Consent of 70 or 80 per cent of affected families is needed.
Private purchases (section 2(3)). Its rehabilitation provisions apply when private companies buy land above prescribed limits.

Excluded Acts (section 105). Acquisitions under the special Acts in the Fourth Schedule, such as the National Highways Act, 1956, are outside it. But its compensation and rehabilitation schedules apply to them from 1 September 2015.
Old acquisitions (section 24). Pending 1894 Act cases without an award get compensation under the 2013 Act. Some old awards lapse.
What is not a public purpose. The infrastructure list in section 2(1)(b) expressly excludes private hospitals, private educational institutions and private hotels. Land cannot be compulsorily acquired for them under that head.
Lease in place of acquisition (section 104). Wherever possible, the Government may take land on lease for a public purpose instead of acquiring it.

Who is protected: section 3

The scope of an acquisition law is measured by whom it protects. Section 3(c) defines an affected family widely. It covers:

a family whose land or other immovable property is acquired;

a landless family whose members work in the affected area for three years before acquisition, as agricultural labourers, tenants, sharecroppers or artisans;
Scheduled Tribes and forest dwellers who lose forest rights recognised under the Forest Rights Act, 2006;
families who depend for three years on forests or water bodies, such as gatherers of forest produce, fisher folk and boatmen;
a family assigned land by the Government under a scheme, where that land is acquired; and
a family living on urban land for three years, or whose livelihood there is affected.

Under section 3(m), widows, divorcees and women deserted by their families count as separate families. So does every adult, with or without a spouse or children. Each such family gets its own rehabilitation award.

Salient features

Social impact assessment (sections 4 to 9). Before notification, a study with the local bodies, a public hearing and an Expert Group's appraisal test the public purpose and the social cost.

Consent (section 2(2)). Private company and partnership projects need consent of 80 and 70 per cent of affected families.
Food security (section 10). Irrigated multi-cropped land may be taken only as a last resort, and its loss must be made good.
Transparent procedure (sections 11 to 25). The preliminary notification is widely published and read to the Gram Sabha. Objections are heard within sixty days. The declaration must issue within twelve months and the award within twelve months of it.
Compensation (sections 26 to 30). Market value is the highest of guidance value, average sale price or agreed price. It is multiplied by up to two in rural areas. Assets are added, then solatium of 100 per cent and 12 per cent a year for delay.
Rehabilitation and resettlement (sections 31 to 47). Each affected family gets an award under the Second Schedule: a house, a job or annuity, allowances, and amenities under the Third Schedule.
Special protection (sections 41 and 42). Acquisition in Scheduled Areas is a last resort and needs the Gram Sabha's consent.

Monitoring (sections 43 to 50). An Administrator, a Commissioner, project committees and State and National Monitoring Committees oversee rehabilitation.
The Authority (sections 51 to 74). A special Authority decides disputes within six months, with an appeal to the High Court.
Payment before possession (section 38). Possession follows payment, and families are not displaced until rehabilitation is complete.
Return of unused land (section 101). Land unused for five years may be returned to the owner or to a land bank.
Offences (sections 84 to 90). False information and mala fide action are punishable.
Urgency confined (section 40). The urgency power is limited to the minimum area needed for defence, national security or natural calamities. Any other emergency needs Parliament's approval. Eighty per cent of the estimated compensation must be tendered before possession, and seventy five per cent extra is paid.

Safeguards after acquisition

The Act also controls what happens to the land once it is taken.

No change of purpose (section 99). The land may not be used for another purpose. The only exception is land rendered unusable by a fundamental and unforeseen change, which may go to another public purpose.
No change of ownership (section 100) is allowed without the Government's specific permission.
Sharing the gain (section 102). Acquired land may be transferred for a price within five years, without any development. Then forty per cent of the rise in value goes to the former owners or their heirs, but only on the first transfer.
No tax on awards (section 96). No income tax or stamp duty is levied on an award or agreement, except under section 46. Copies are free.
More beneficial laws (sections 103, 107 and 108). The Act adds to other laws. A State may give more, and an affected family may choose the more beneficial State law or policy.

Karnataka

Karnataka Act 16 of 2019 lets the State exempt notified projects from the social impact study and the food security rule. A proviso it added to section 2(2) also frees those projects from the consent requirement. It allows acquisition by agreement and a lump sum in place of rehabilitation. It also extends the period for returning unused land.

Cases

K.T. Plantation Pvt Ltd v. State of Karnataka, (2011) 9 SCC 1. The Constitution Bench held that public purpose and compensation are both implicit in Article 300A. The 2013 Act spells out both in detail.

Kedar Nath Yadav v. State of West Bengal, decided on 31 August 2016. The Singur acquisition for a car factory was quashed and the land returned to cultivators. Such disputes led Parliament to add consent, social impact and food security safeguards.

Royal Orchid Hotels Ltd. v. G. Jayarama Reddy, (2011) 10 SCC 608. Land near Bangalore was acquired for a resort of the State tourism corporation, which then passed most of it to private companies. The Supreme Court called this diversion of purpose "a fraud on the power of eminent domain". Sections 99 and 100 now bar such a change by statute.

Indore Development Authority v. Manoharlal, (2020) 8 SCC 129. A Constitution Bench settled how section 24 applies to acquisitions begun under the 1894 Act.

Conclusion. The 2013 Act applies to all acquisitions by Government for a listed public purpose, including for companies and partnerships with consent. Its rehabilitation duties also reach large private purchases. Its salient features are the social impact study, consent, food security, a transparent and time-bound procedure, generous compensation, and family-wise rehabilitation. Special protection for tribal land, a dedicated Authority and payment before possession complete the scheme. After acquisition, the purpose cannot change, unused land returns and a quick resale shares its gain with the former owners. Karnataka has relaxed some of these safeguards for notified projects.

B.A. LL.B. (Five Years) Sem 10 Land Law 2019 Jun Question Paper with Solutions

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