Government Circular on Affidavits in Court Cases (Dated 17 July 2025)
Background
- Under the Land Acquisition, Rehabilitation and Resettlement Act, 2013, and related laws, land is acquired for public projects (roads, airports, dams, rehabilitation, etc.) through District Collectors.
- In many court cases, required affidavits are not filed on time, leading to contempt petitions and senior government officials being summoned as personal respondents.
Key Directives
- District Collectors must ensure that land acquisition agencies and concerned administrative departments are made respondents in all court matters.
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Petitions must be addressed promptly, with affidavits submitted by the acquisition authority and administrative department clearly stating the facts, approvals, financial provisions, and land status.
- For completed acquisitions, the responsibility of usage, possession, and related matters lies with the concerned agency/department.
- Appeals or reviews against court orders must be filed only after obtaining a clear opinion from the government lawyer and following prescribed legal rules.
- In cases of direct purchase of land (outside the Act), full responsibility lies with the regional departments and concerned ministries.
- Divisional Commissioners must ensure strict compliance and submit monthly progress reports to the government.
Conclusion
- The government has issued clear guidelines assigning responsibilities to departments and agencies, aiming for transparency, accountability, and coordination in court cases related to land acquisition