MPSC ATP · Topic 15

15 MPSC ATP Land Acquisition questions with answers

15 questions from MPSC ATP Mock Test 1 with answers and MPSC ATP 2022 question paper with answers. Try each one, then tap Show answer.

Previous-paper questions are as in the original paper. Medha AI wrote the answers and explanations.

Solatium s.30

  1. Q1 Mock Test 1, Q81

    Under section 30(1) of the RFCTLARR Act, 2013, solatium is payable at what rate of the compensation amount determined under section 27?

    1. A75%
    2. B30%
    3. C100%
    4. D50%
    Show answerHide answer

    Answer C. 100%

    Section 30(1) provides solatium equal to 100% of the compensation amount (market value multiplied by the factor plus value of assets), in consideration of the compulsory nature of acquisition.

    Source: RFCTLARR Act 2013, s.30(1) and First Schedule

Notice to persons interested s.21

  1. Q2 Mock Test 1, Q82

    Under section 21 of the RFCTLARR Act, 2013, the public notice calling persons interested to state their claims must fix a date of appearance which is:

    1. ANot less than 15 days and not more than 3 months after publication of the notice
    2. BExactly 30 days after publication of the notice
    3. CNot less than 30 days and not more than 6 months after publication of the notice
    4. DNot less than 60 days and not more than 12 months after publication of the notice
    Show answerHide answer

    Answer C. Not less than 30 days and not more than 6 months after publication of the notice

    Section 21(2) requires the date fixed in the notice to be not less than thirty days and not more than six months after the date of publication of the notice.

    Source: RFCTLARR Act 2013, s.21(2)

Constitutional basis

  1. Q3 Mock Test 1, Q83

    'Acquisition and requisitioning of property' appears as Entry 42 in which List of the Seventh Schedule to the Constitution?

    1. AUnion List (List I)
    2. BState List (List II)
    3. CResiduary powers
    4. DConcurrent List (List III)
    Show answerHide answer

    Answer D. Concurrent List (List III)

    Entry 42 of the Concurrent List (List III) covers acquisition and requisitioning of property, which is why both Parliament (RFCTLARR Act 2013) and State legislatures (Maharashtra amendments of 2018) can legislate on it.

    Source: Constitution of India, Seventh Schedule, List III Entry 42

R&R annuity computation

  1. Q4 Mock Test 1, Q84

    Under the Second Schedule of the RFCTLARR Act, 2013, an affected family opting for the annuity policy (ignoring indexation) receives in total over the policy period:

    1. ARs 3.6 lakh
    2. BRs 5.0 lakh
    3. CRs 2.4 lakh
    4. DRs 4.8 lakh
    Show answerHide answer

    Answer D. Rs 4.8 lakh

    Annuity = Rs 2,000 per month x 12 x 20 years = Rs 4,80,000 (indexed to CPI-AL); the alternative one-time payment is Rs 5 lakh.

    Source: RFCTLARR Act 2013, Second Schedule, item 4

Consent thresholds s.2(2)

  1. Q5 Mock Test 1, Q85

    Under section 2(2) of the RFCTLARR Act, 2013, prior consent of affected families is required to the extent of ____ for private projects and ____ for public-private partnership projects.

    1. A80%; 70%
    2. B90%; 80%
    3. C70%; 60%
    4. D75%; 50%
    Show answerHide answer

    Answer A. 80%; 70%

    The first proviso to s.2(2) requires consent of at least 80% of affected families for acquisition for private companies and 70% for PPP projects where ownership of land continues to vest in Government.

    Source: RFCTLARR Act 2013, s.2(2) proviso

Additional amount s.30(3)

  1. Q6 Mock Test 1, Q86

    Under section 30(3) of the RFCTLARR Act, 2013, the Collector awards an additional amount at 12% per annum on the market value for the period commencing from:

    1. ADate of publication of the SIA notification under s.4(2) till the award or possession, whichever is earlier
    2. BDate of s.11 notification till the date of payment
    3. CDate of s.19 declaration till the award
    4. DDate of award till the date of possession
    Show answerHide answer

    Answer A. Date of publication of the SIA notification under s.4(2) till the award or possession, whichever is earlier

    Section 30(3) differs from s.23(1A) of the 1894 Act: the 12% runs from the date of publication of the notification of the SIA study under s.4(2) until the award or taking possession, whichever is earlier.

    Source: RFCTLARR Act 2013, s.30(3)

Reference s.64

  1. Q7 Mock Test 1, Q87

    Under section 64 of the RFCTLARR Act, 2013, a person who was present when the award was made and does not accept it may apply to the Collector for a reference to the Authority within:

    1. ASix weeks from the date of the award
    2. BOne year from the date of the award
    3. CThree months from the date of the award
    4. DSix months from the date of the award
    Show answerHide answer

    Answer A. Six weeks from the date of the award

    Section 64(2)(a): six weeks from the date of the award for those present; in other cases, six weeks from receipt of notice under s.21 or six months from the award, whichever expires first (s.64(2)(b)).

    Source: RFCTLARR Act 2013, s.64(2)

Date of market value s.26

  1. Q8 ATP 2022, Q66

    The date for determination of market value under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 shall be

    1. Athe date of notification issued under Section 11
    2. Bthe date of declaration of award under Section 25
    3. Cthe date of publication of the declaration under Section 19
    4. DNone of the above
    Show answerHide answer

    Answer A. the date of notification issued under Section 11

    Explanation to s.26(1) of RFCTLARR 2013: the market value is determined as on the date on which the preliminary notification under s.11 is issued. (Answer matches the official MPSC final key, 26-12-2022.)

    Source: RFCTLARR Act 2013, s.26(1)

Commencement

  1. Q9 ATP 2022, Q67

    The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 came into force on

    1. A15th December, 2013
    2. B13th December, 2013
    3. C1st January, 2014
    4. D26th January, 2014
    Show answerHide answer

    Answer C. 1st January, 2014

    The RFCTLARR Act received assent on 26 September 2013 and was brought into force from 1 January 2014 by notification under s.1(3). (Answer matches the official MPSC final key, 26-12-2022.)

    Source: RFCTLARR Act 2013, s.1(3)

Bar of civil courts s.63

  1. Q10 ATP 2022, Q68

    Which judicial authority has jurisdiction to entertain any dispute relating to land acquisition in respect of which the Collector or the Authority is empowered by or under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013?

    1. ASenior Division Judge of the District Court
    2. BJunior Division Judge of the District Court having the power to grant injunction
    3. CHon. High Court or Hon. Supreme Court
    4. DNone of the above
    Show answerHide answer

    Answer C. Hon. High Court or Hon. Supreme Court

    Section 63 bars every civil court other than the High Court and the Supreme Court from entertaining any dispute relating to land acquisition in respect of which the Collector or the LARR Authority is empowered, and no injunction may be granted by other courts. (Answer matches the official MPSC final key, 26-12-2022.)

    Source: RFCTLARR Act 2013, s.63

Objections s.15

  1. Q11 ATP 2022, Q69

    As per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the time limit for filing objections for any land notified under Section 11(1), from the date of publication of the preliminary notification, is

    1. AFifteen days
    2. BThirty days
    3. CForty-five days
    4. DSixty days
    Show answerHide answer

    Answer D. Sixty days

    Section 15(1) allows any person interested to file objections to the area, justification of public purpose or SIA findings within sixty days from publication of the s.11 preliminary notification. (Answer matches the official MPSC final key, 26-12-2022.)

    Source: RFCTLARR Act 2013, s.15(1)

Withdrawal s.93

  1. Q12 ATP 2022, Q70

    The appropriate Government shall be at liberty to withdraw from the acquisition of any land of which

    1. Apossession of the land has not been taken
    2. BSection 11 notification has not been issued
    3. CSection 19 declaration has not been published
    4. Daward has not been declared
    Show answerHide answer

    Answer A. possession of the land has not been taken

    Section 93(1) permits the appropriate Government to withdraw from acquisition of any land of which possession has not been taken, with compensation for damage under s.93(2). (Answer matches the official MPSC final key, 26-12-2022.)

    Source: RFCTLARR Act 2013, s.93

Market value s.26

  1. Q13 ATP 2022, Q71

    As per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the market value of land is determined by the Collector under

    1. ASection 28
    2. BSection 23
    3. CSection 26
    4. DSection 30
    Show answerHide answer

    Answer C. Section 26

    Section 26 lays down how the Collector determines market value (stamp-duty value, average of sale prices, or consented amount, whichever is higher); s.28 lists other parameters and s.30 gives solatium. (Answer matches the official MPSC final key, 26-12-2022.)

    Source: RFCTLARR Act 2013, s.26

Change of purpose s.99

  1. Q14 ATP 2022, Q72

    Regarding the purpose for which land is originally sought to be acquired under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which statement is correct?

    1. ANo change from the purpose or related purposes for which the land is originally sought to be acquired shall be allowed, provided that if the land is rendered unusable for that purpose, the appropriate Government may use it for any other public purpose
    2. BIt can be changed for any public purpose, subject to prior approval of the Divisional Commissioner
    3. CIt can be changed in the case of an emergency for a purpose having priority
    4. DIt cannot be changed in any circumstances and the land shall be returned to the original owners or their legal heirs
    Show answerHide answer

    Answer A. No change from the purpose or related purposes for which the land is originally sought to be acquired shall be allowed, provided that if the land is rendered unusable for that purpose, the appropriate Government may use it for any other public purpose

    Section 99 prohibits change of purpose from that for which the land was acquired, except that if the land is rendered unusable for that purpose due to a fundamental change, the Government may use it for any other public purpose. (Options (3)-(4) are run together in the scan and reconstructed.) (Answer matches the official MPSC final key, 26-12-2022.)

    Source: RFCTLARR Act 2013, s.99

Correction of award s.33

  1. Q15 ATP 2022, Q73

    As per Section 33 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the Collector may correct any clerical or arithmetical mistake in an award not later than ______ from the date of the award.

    1. ASix months
    2. BOne month
    3. CTwo months
    4. DNine months
    Show answerHide answer

    Answer A. Six months

    Section 33(1) allows the Collector to correct clerical or arithmetical mistakes in an award at any time but not later than six months from the date of the award (or of the reference under s.64). (Answer matches the official MPSC final key, 26-12-2022.)

    Source: RFCTLARR Act 2013, s.33(1)

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