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Home / KSLU Solved Papers / B.A. LL.B. (Five Years) / Sem 10 / Land Law / 2023 Mar (100 marks) / Solutions

B.A. LL.B. (Five Years) Sem 10 Land Law 2023 Mar (100 marks) Question Paper with Solutions

KSLU Solved Question Papers

Land Law

Previous Year Question Paper with Solution

B.A. LL.B. (Five Years) · Sem 10

2023 Mar (100 marks) Examination

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Mumbai

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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 University does not publish an official answer key for this paper. The answers in this volume are model answers, written to show how a full-mark answer is built. They are a study aid, not an authority on what an examiner marked.

The question paper reproduced here is the paper as set by Karnataka State Law University at the 2023 Mar (100 marks) examination.

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Contents

The questions below are the paper as Karnataka State Law University set it at the 2023 Mar (100 marks) examination, in the order it was set.

MarksPage

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MarksPage

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The Paper as Set

The questions in this volume are the questions asked at the 2023 Mar (100 marks) 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

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.

Read the original question paper

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Q1Explain the procedure involved in notification and acquisition of land under the Land Acquisition Act, 2013.[16]

Answer

For full marks, cover: the scheme of the 2013 Act and how it differs from the 1894 Act; the stages before notification (social impact study, consent, food security, and Karnataka's section 10-A exemption); the preliminary notification, its contents and effects (section 11); survey, damage and objections (sections 12 to 15); the rehabilitation scheme (sections 16 to 18); the declaration and its time limit (section 19); marking out, notice, statements, inquiry and award (sections 20 to 25, with Karnataka's section 23-A); compensation and the rehabilitation award (sections 26 to 31); finality and possession (sections 37 and 38); urgency (section 40); Karnataka's voluntary acquisition (section 30-A); references and lapse; cases; conclusion.

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The scheme of the Act

Under the Land Acquisition Act, 1894, acquisition began with a notification under section 4 and objections under section 5-A of that Act. A declaration under section 6 and an award under section 11 followed. Displaced people had little say, and rehabilitation was not part of the process. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 keeps the notification, declaration and award. It adds a study before notification, a rehabilitation scheme beside the award, strict time limits, and payment before possession.

Stage 1: before any notification

  1. Social impact assessment (sections 4 to 9). The Government studies the project's effect on the affected area, in consultation with the local body, within six months. A public hearing is held. An independent Expert Group appraises the report within two months. The Government must then be satisfied, under section 8, of a genuine public purpose, benefits outweighing costs, and minimum land.
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  1. Consent (section 2(2)). For private company projects, the consent of eighty per cent of affected families is needed. For public private partnership projects, seventy per cent is needed.
  2. Food security (section 10). Irrigated multi-cropped land may be acquired only as a last resort and within limits. Equivalent culturable wasteland must be developed, or its value deposited.
  3. Karnataka. Section 10-A, added by Karnataka Act 16 of 2019, lets the State exempt notified projects from Chapters II and III. These cover the social impact study and food security. The listed projects include defence, infrastructure, irrigation, drinking water, affordable housing and State industrial corridors.

Stage 2: the preliminary notification (section 11)

  1. When. Whenever it appears to the Government that land in an area is required, or likely to be required, for a public purpose.
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  1. Publication. It is published in the Official Gazette and in two local newspapers, one in the regional language. It is also published in the local language at the Panchayat or Municipality and the offices of the Collector, Sub-Divisional Magistrate and Tahsil. It is uploaded on the Government website and published in the affected areas.
  2. Gram Sabha. Its contents are explained at a meeting of the Gram Sabha or Municipality called for the purpose.
  3. Contents. It states the nature of the public purpose and the reasons for displacement. It summarises the social impact report and names the Administrator for rehabilitation.
  4. Effect. From publication, no one may transact in or encumber the notified land without the Collector's exemption (section 11(4)). The Collector must update the land records within two months (section 11(5)).
  5. Lapse of the study (section 14). The notification must issue within twelve months of the Expert Group's appraisal. Otherwise the study lapses and a fresh one is needed, unless the Government extends the time.

Stage 3: survey and objections

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  1. Preliminary survey (section 12). Authorised officers may enter, survey, dig, set out boundaries and mark the land. The owner must be present, or have had sixty days' notice. Dwellings need seven days' notice.
  2. Damage (section 13). Damage caused is paid for at once, with disputes referred to the Collector.
  3. Objections (section 15). Any person interested may object within sixty days to the area and suitability of the land, the public purpose, or the social impact findings. The Collector hears the objector and reports to the Government, which decides.

Stage 4: the rehabilitation scheme (sections 16 to 18)

The Administrator surveys and takes a census of affected families, their land, livelihoods and common property. He prepares a draft scheme with time limits, discussed in the Gram Sabhas and at public hearings. The Collector reviews it with the project committee, and the Commissioner approves it. It is then published in the local language and online.

Stage 5: the declaration (section 19)

  1. Satisfaction. After considering the objections report, the Government declares that the land is needed for a public purpose, with a declared resettlement area.
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  1. Conditions. No declaration may be made unless the summary of the rehabilitation scheme is published with it. The Requiring Body must also have deposited the prescribed amount towards the cost.
  2. Contents and publication. It states the district, the purpose, the approximate area and where the plan may be seen. It is published in the same manner as the preliminary notification.
  3. Effect. The declaration is conclusive evidence that the land is needed for a public purpose.
  4. Time limit. If no declaration is made within twelve months of the preliminary notification, the notification is deemed rescinded. Periods of court stay are excluded, and the Government may extend the time with recorded reasons.
  5. Parcels. Different declarations may be made from time to time for different parcels under the same notification.

Stage 6: inquiry and award (sections 20 to 25)

  1. Marking out (section 20). The Collector has the land marked out, measured and planned.
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  1. Notice (section 21). He gives public notice that the Government intends to take possession. Claims to compensation and rehabilitation, and objections to the measurements, are invited. The date fixed is between thirty days and six months away.
  2. Statements (section 22). He may require statements of the names and interests of all persons interested.
  3. Inquiry and award (section 23). He inquires into the objections, the measurements, the value of the land and the interests of the claimants. He then makes an award of the true area, the compensation with the rehabilitation award, and its apportionment.
  4. Karnataka (section 23-A). If all persons interested who appeared agree in writing, the Deputy Commissioner may make the award in terms of the agreement without further inquiry.
  5. Time limit (section 25). The award must be made within twelve months of the declaration. Otherwise the whole acquisition lapses, unless the Government extends the time.

Stage 7: compensation and rehabilitation

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  1. Market value (section 26). It is the highest of the guideline value, the average of the higher half of comparable sales, and the agreed price for consent projects. In rural areas it is multiplied by a factor in the First Schedule.
  2. Compensation (sections 27 to 30). It covers buildings, trees and crops, with a solatium of one hundred per cent. Twelve per cent a year is added on market value from the notification of the social impact study to the award or possession.
  3. Rehabilitation award (section 31). A separate award fixes each family's entitlements under the Second Schedule.

Stage 8: finality and possession

  1. Finality (section 37). The award is filed in the Collector's office. It is final and conclusive between the Collector and the persons interested, subject to the Act. Notice goes to those absent, and a summary is put online.
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  1. Possession (section 38). The Collector takes possession only after compensation is paid or tendered within three months. The money part of rehabilitation must be paid within six months, and infrastructure provided within eighteen months. No family may be displaced before rehabilitation is complete.

Special routes

  1. Urgency (section 40). For defence, national security or natural calamities, possession may be taken thirty days after the section 21 notice. Eighty per cent must be tendered first, and seventy-five per cent extra is paid later.
  2. Voluntary acquisition in Karnataka (section 30-A). The State may buy land by agreement with a willing owner. The land vests in the State on notification of the order.

Challenge and lapse

A person interested who has not accepted the award may seek a reference to the Authority under section 64. An appeal then lies to the High Court under section 74. Acquisitions begun under the 1894 Act are governed by section 24.

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Cases

Radhy Shyam v. State of Uttar Pradesh, (2011) 5 SCC 553. The Supreme Court quashed an acquisition at Greater Noida because urgency had been used to deny the hearing of objections. It called that hearing the statutory form of the right to be heard. Section 15 continues that right.

State of Madhya Pradesh v. Vishnu Prasad Sharma, AIR 1966 SC 1593. Under the 1894 Act, only one declaration could follow one notification. Section 19(1) of the 2013 Act now expressly allows several declarations for different parcels.

Kedar Nath Yadav v. State of West Bengal, decided on 31 August 2016. At Singur, the objections were not properly considered and composite awards were made after a joint inquiry. Gopala Gowda J held that the award inquiry is quasi-judicial and that a composite award "is no award in the eyes of law". The acquisition was quashed.

Indore Development Authority v. Manoharlal, (2020) 8 SCC 129. A Constitution Bench held that an old acquisition lapses under section 24(2) only if neither possession was taken nor compensation paid.

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Conclusion. Acquisition under the 2013 Act moves through fixed stages: social impact study, preliminary notification, survey, objections and a rehabilitation scheme. A declaration follows within twelve months, then an award within twelve months, and payment before possession. Each stage is published, heard and timed, and missing a deadline ends the acquisition. Karnataka has added exemptions for notified projects, awards by agreement and voluntary purchase.

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