KSLU Solved Question Papers
Land Law
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 10
2022 Oct Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 10 Land Law 2022 Oct Question Paper with Solutions
First published on munotes.in on 21 October 2026.
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The question paper reproduced here is the paper as set by Karnataka State Law University at the 2022 Oct examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2022 Oct examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2022 Oct 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 80 · 20 questions answered
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
Q1
Unit I
(a)Explain the welfare concept of the Land Acquisition Act, 2013.[10]
Answer
For full marks, cover: what "welfare concept" means here; the old approach under the 1894 Act; the preamble of the 2013 Act; the welfare features grouped under heads: voice before acquisition, protection of food and the vulnerable, fair compensation, rehabilitation as a right, protection after acquisition, and limits on State power; Karnataka's 2019 amendment as a check on the concept; cases; conclusion.
Meaning of the welfare concept
A welfare State does not treat land acquisition as a mere exchange of land for money. It asks what happens to the people who lose land, homes and livelihoods. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is built on that idea. It replaced the Land Acquisition Act, 1894, under which the State paid the market value of the land and its duty ended there.
The preamble
The preamble states the welfare aim in so many words. The Act is meant to ensure "a humane, participative, informed and transparent process" with "the least disturbance to the owners of the land and other affected families". It also aims to give "just and fair compensation" and "adequate provisions" for rehabilitation and resettlement. The goal is that "affected persons become partners in development leading to an improvement in their post acquisition social and economic status". The preamble also requires consultation with local self-government and Gram Sabhas.
The welfare features
1. A voice before acquisition.
- A social impact study, with a public hearing and an independent Expert Group, comes before any notification (sections 4 to 8).
- For private company and public private partnership projects, eighty or seventy per cent of affected families must consent (section 2(2)).
- Objections may be filed within sixty days of the preliminary notification (section 15).
2. Protection of food and the vulnerable.
- Irrigated multi-cropped land may be acquired only as a last resort, and lost farmland must be replaced or its value deposited (section 10).
- Land in Scheduled Areas is acquired only as a last resort, with the Gram Sabha's consent (section 41).
- Scheduled Caste and Scheduled Tribe families get one-third of their compensation first, resettlement in compact blocks and continued reservation benefits (sections 41 and 42).
3. Fair compensation.
- Market value is the highest of the guideline value, comparable sales and any agreed price (section 26).
- In rural areas it is multiplied by a factor in the First Schedule, which rises with distance from urban areas.
- A solatium of one hundred per cent is added (section 30). So is twelve per cent a year on market value from the notification of the social impact study.
- No income tax or stamp duty is levied on awards (section 96).
4. Rehabilitation as a right.
- Labourers, tenants, artisans and forest dwellers who lose their living are "affected families", even without land (section 3(c)).
- Each family receives a separate rehabilitation award, with a house, a job, lump sum or annuity, and allowances (section 31 and the Second Schedule).
- Resettlement areas must have roads, water, schools and health centres (section 32 and the Third Schedule).
5. Payment before possession. The Collector takes possession only after compensation is paid within three months and the money part of rehabilitation within six (section 38). No family is displaced before rehabilitation is complete.
6. Protection after acquisition.
- The purpose of acquisition cannot be changed (section 99).
- Land unused for five years returns to the owners or to the Land Bank (section 101).
- If acquired land is sold undeveloped for more, forty per cent of the gain is shared with the original owners (section 102).
7. Limits on State power. Urgency is confined to defence, national security and natural calamities (section 40). Missing the deadlines for the declaration and the award ends the acquisition (sections 19 and 25).
Karnataka's amendment
Karnataka Act 16 of 2019 lets the State exempt notified projects from the social impact study and food security provisions (section 10-A). It allows a lump sum in place of rehabilitation for those projects (section 31-A). It also extends the period before unused land must be returned (section 101). These changes favour speed, so the welfare concept now applies more narrowly in Karnataka.
Cases
N.D. Jayal v. Union of India, (2004) 9 SCC 362. The Supreme Court held that rehabilitation of people displaced by the Tehri dam is a logical corollary of Article 21. The 2013 Act turns that holding into statutory rights.
K.T. Plantation Pvt Ltd v. State of Karnataka, (2011) 9 SCC 1. A Constitution Bench held that public purpose is a pre-condition for deprivation of property under Article 300A. The right to compensation is "inbuilt" in that Article. The 2013 Act's insistence on public purpose and fair compensation reflects this.
Chameli Singh v. State of U.P., 1995 Supp (6) SCR 827. The Court held that the right to shelter is part of the right to life. The housing entitlement for displaced families carries that value into acquisition law.
Conclusion. The welfare concept of the 2013 Act is that land acquisition must leave affected people no worse off, and ideally better off, as "partners in development". It gives them a voice through the social impact study, consent and objections. It also gives fair compensation with a solatium, rehabilitation as a right, payment before displacement, and protection after acquisition. Karnataka's 2019 amendment narrows these protections for notified projects.
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