Section 33 Land Acquisition Act 2013: Corrections to Awards by Collector
Section 33 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 empowers the Collector to correct clerical or arithmetical mistakes in an award, or errors arising in it, subject to the statutory time limit, procedural safeguards and refund provisions.
Purpose of Section 33
An award may contain a clerical mistake, an arithmetical mistake or an error arising in the award. Section 33 provides a specific statutory mechanism for correcting such errors without treating the correction power as a general power to reconsider the merits of the award.
Section 33 - Corrections to awards by Collector
The Collector may correct clerical or arithmetical mistakes in either of the awards, or errors arising therein, on his own motion or on the application of a person interested or local authority. The power is subject to the time limit and the Section 64 reference restriction stated in Section 33(1).
Section 33(1): What can be corrected?
The provision covers clerical mistakes, arithmetical mistakes and errors arising in either of the awards. A correction may be initiated by the Collector, by a person interested or by a local authority.
Time limit for correction
The Collector may act at any time within six months from the date of the award. Where a reference to the Authority under Section 64 is required, the correction must be made before that reference is made.
Opportunity of representation
If a proposed correction is likely to prejudicially affect any person, that person must be given a reasonable opportunity to make a representation before the correction is made.
Section 33(2): Immediate notice
The Collector must give immediate notice of a correction made in the award to all persons interested.
Section 33(3): Refund of excess payment
If an excess amount is proved to have been paid as a result of the matter corrected under Section 33(1), the excess is liable to be refunded. In case of default or refusal, recovery may be made in the manner prescribed by the appropriate Government.
Meaning of person interested
The expression "person interested" is defined in Section 3 of the 2013 Act and broadly covers persons claiming an interest in compensation and other specified interests affected by acquisition. Section 33 expressly permits a person interested to apply for correction and requires notice of a correction to persons interested.
Section 33 and reference to the Authority under Section 64
Section 64 provides the statutory mechanism by which a person who has not accepted the award may, subject to that provision, seek a reference by the Collector to the Land Acquisition, Rehabilitation and Resettlement Authority concerning specified objections. Section 33 expressly limits the correction power where such a reference is required: the correction must precede the making of the reference.
Correction is not the same as reconsideration of the award
Section 33 is framed around correction of clerical or arithmetical mistakes and errors arising in the award. It should therefore be distinguished from the statutory remedies available for objections to matters such as measurement, compensation, the persons entitled, Rehabilitation and Resettlement rights or apportionment, which are addressed through the reference framework under Section 64 and related provisions.
Relationship with the preceding award provisions
Section 30 concerns solatium and additional compensation, Section 31 concerns the Rehabilitation and Resettlement Award for affected families, and Section 32 concerns infrastructural amenities in resettlement areas. Section 33 follows these provisions by supplying a limited mechanism to correct qualifying errors in awards.
Key points
- The correction power covers clerical or arithmetical mistakes and errors arising in an award.
- A correction may be initiated by the Collector or sought by a person interested or local authority.
- The ordinary outer limit is six months from the date of the award.
- Where a Section 64 reference is required, correction must be made before the reference.
- A person who may be prejudicially affected must receive a reasonable opportunity to make a representation.
- Immediate notice of the correction must be given to all persons interested.
- Excess payment resulting from the corrected error is refundable and may be recovered as prescribed in case of default or refusal.
The Central Act should be read with applicable State amendments, rules and notifications. State-specific amendments can alter or supplement the Central framework and should be checked for the acquisition concerned.