Under the Land Acquisition Act, 2013, the Appropriate Government has been granted special powers to expedite the process of land acquisition in times of urgency or emergency situations. Section 17 of the Act delineates these special powers, allowing the Appropriate Government to take possession of the land before completing the entire acquisition process. Here are the key features of the special powers under Section 17:
1. Immediate Possession:
- In situations of urgency, such as cases involving national security, defense, or other emergencies, the Appropriate Government is empowered to take immediate possession of the land needed for the specified purpose.
2. Declaration of Urgency:
- Before exercising the special powers, the Appropriate Government must issue a declaration of urgency, clearly stating the reasons for expedited acquisition. This declaration is a prerequisite for utilizing the special powers under Section 17.
3. Notice to Interested Parties:
- Following the declaration of urgency, the concerned authorities must serve notice to the owner, occupier, or any other interested party, informing them of the intention to take possession of the land. The notice should detail the purpose of acquisition and the urgency involved.
4. Summary Inquiry:
- A summary inquiry may be conducted to verify the claims and objections raised by the affected parties. This inquiry is typically expedited to ensure a swift decision on the necessity and urgency of acquiring the land.
5. Quick Compensation:
- The Act mandates that compensation for the land taken possession of under the special powers should be promptly determined and paid to the affected parties. The expedited compensation process is aimed at mitigating hardships faced by landowners.
6. Regular Acquisition Proceedings:
- While the Appropriate Government can take possession of the land urgently, it is required to initiate regular acquisition proceedings subsequently. The final compensation amount and other aspects of the acquisition process are determined through the standard procedures outlined in the Act.
7. Judicial Review:
- The exercise of special powers under Section 17 is subject to judicial review. Affected parties have the right to challenge the declaration of urgency and the subsequent possession of land in a court of law.
It's important to note that while the special powers under Section 17 provide a mechanism for swift land acquisition in times of emergency, the Act includes safeguards to ensure fairness and adherence to legal procedures. The overarching objective is to balance the need for expedited acquisition with the protection of the rights and interests of affected landowners.
