Section 46 Land Acquisition Act 2013 - Rehabilitation and Resettlement for Certain Private Purchases
Section 46 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 extends rehabilitation and resettlement obligations to certain large private purchases of land. It requires prior information to the District Collector, scrutiny of rehabilitation and resettlement requirements, individual awards, full compliance before land-use change, and consequences for non-compliant purchases.
Section 46 - Rehabilitation and Resettlement in Certain Private Purchases
(1) Where any person other than a specified person is purchasing land through private negotiations for an area equal to or more than such limits, as may be notified by the appropriate Government, considering the relevant State specific factors and circumstances, for which the payment of Rehabilitation and Resettlement Costs under this Act is required, he shall file an application with the District Collector notifying him of:
(a) intent to purchase;
(b) purpose for which such purchase is being made;
(c) particulars of lands to be purchased.
(2) It shall be the duty of the Collector to refer the matter to the Commissioner for the satisfaction of all relevant provisions under this Act related to rehabilitation and resettlement.
(3) Based upon the Rehabilitation and Resettlement Scheme approved by the Commissioner as per the provisions of this Act, the Collector shall pass individual awards covering Rehabilitation and Resettlement entitlements as per the provisions of this Act.
(4) No land use change shall be permitted if rehabilitation and resettlement is not complied with in full.
(5) Any purchase of land by a person other than specified persons without complying with the provisions of Rehabilitation and Resettlement Scheme shall be void ab initio.
Proviso: The appropriate Government may provide for rehabilitation and resettlement provisions on sale or purchase of land in its State and shall also fix the limits or ceiling for the said purpose.
(6) If any land has been purchased through private negotiations by a person on or after the 5th day of September, 2011, which is more than such limits referred to in sub-section (1), and if the same land is acquired within three years from the date of commencement of this Act, then forty per cent of the compensation paid for such land acquired shall be shared with the original land owners.
Explanation: For the purpose of this section:
(a) "original land owner" refers to the owner of the land as on the 5th day of September, 2011;
(b) "specified persons" includes any person other than:
(i) appropriate Government;
(ii) Government company;
(iii) association of persons or trust or society as registered under the Societies Registration Act, 1860, wholly or partially aided by the appropriate Government or controlled by the appropriate Government.
When does Section 46 apply?
Section 46 is directed at private negotiation purchases by persons falling within the statutory expression used in the section. The relevant land-area threshold is not a single nationwide acreage fixed in Section 46 itself. Instead, the appropriate Government may notify the applicable limit after considering State-specific factors and circumstances.
- Check the current threshold notified by the appropriate Government for the State and transaction.
- Where Section 46 applies, file an application with the District Collector before the relevant purchase process proceeds.
- Disclose the intention to purchase, purpose of purchase and particulars of the land.
- The Collector refers the matter to the Commissioner for compliance with applicable rehabilitation and resettlement provisions.
- The Collector passes individual rehabilitation and resettlement awards based on the Scheme approved by the Commissioner.
- Land-use change cannot be permitted until rehabilitation and resettlement is fully complied with.
Application to the District Collector
The application contemplated by Section 46(1) serves as formal notice of the proposed private purchase. It must state the purchaser's intent, the purpose of the purchase and the particulars of the land proposed to be purchased. Parties should verify the current State notification fixing the area threshold and any prescribed procedural requirements.
Role of the Collector and Commissioner
Under Section 46(2), the Collector must refer the matter to the Commissioner so that the relevant rehabilitation and resettlement provisions of the Act are satisfied. Under Section 46(3), after the Commissioner approves the Rehabilitation and Resettlement Scheme in accordance with the Act, the Collector passes individual awards covering the applicable rehabilitation and resettlement entitlements.
Restriction on change of land use
Section 46(4) expressly prohibits permission for change of land use where rehabilitation and resettlement has not been complied with in full. Compliance is therefore linked directly to the ability to obtain land-use change for transactions falling within the provision.
Meaning of void ab initio under Section 46(5)
"Void ab initio" means void from the beginning. Section 46(5) states that a purchase covered by the provision, made without compliance with the Rehabilitation and Resettlement Scheme, is void ab initio. Because the legal effect can be significant, the current State threshold, applicable rules, notifications and facts of the transaction should be checked before a purchase is completed.
State power to prescribe R and R provisions and thresholds
The proviso to Section 46(5) permits the appropriate Government to provide rehabilitation and resettlement provisions for sale or purchase of land in the State and to fix the relevant limits or ceiling. State-specific notifications are therefore central to determining whether Section 46 applies to a particular private purchase.
Forty per cent sharing rule in sub-section (6)
Sub-section (6) addresses a transitional situation involving land purchased through private negotiations on or after 5 September 2011 above the relevant threshold and subsequently acquired within three years from commencement of the Act. In the circumstances specified by the subsection, forty per cent of the compensation paid for the acquired land is to be shared with the original land owners.
Meaning of original land owner
For Section 46, the Explanation defines "original land owner" as the owner of the land on 5 September 2011. This definition is specifically tied to the operation of this section.
Meaning of specified persons
The Explanation to Section 46 gives a special meaning to "specified persons" for this provision. The exact statutory wording should be applied when deciding whether a purchaser falls within the section, together with the applicable Government notification and the legal character of the purchasing entity.
Relationship with Sections 43 and 44
Section 43 provides for the Administrator for Rehabilitation and Resettlement, while Section 44 provides for the Commissioner for Rehabilitation and Resettlement. Section 46 expressly gives the Commissioner and Collector roles in ensuring rehabilitation and resettlement compliance for private purchases covered by the provision.
Official legal sources
For authoritative Central legislation and official land acquisition material, refer to India Code and the Department of Land Resources, Ministry of Rural Development. Since Section 46 depends on limits and procedures that may be notified or prescribed by the appropriate Government, the current State Government rules and notifications must also be checked for a transaction-specific conclusion.
Note: This article explains the Central statutory framework. Section 46 is particularly dependent on State-specific thresholds, rules and notifications. Those instruments should be verified before relying on the provision for a proposed transaction.
Updated: October 2026