Land Acquisition, Governance and the State: Issues and Complications

Examining the volatile issue of land acquisition vis-a-vis the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013, the article explores the concept of ‘eminent domain’ and the state’s power to acquire private land, the source of this power, and the justification for its use

Introduction

L and acquisition by the state is an issue that is fraught with numerous complications, strong opinions and conflicting viewpoints everywhere in the world. In India, it has contemporary relevance, given the focus of the present government on economic growth as a means of development and poverty eradication, and the consequent pressure on acquiring land for industrialization, infrastructure development, urban expansion, raw material and energy.

There has been increasing public awareness about the land acquisition issue because of the widespread protests and agitations, which have been highlighted by the media. There is social unrest, Maoist violence and a cloud of suspicion over the state using its powers for the well-being of a well-connected few to the detriment of the majority of the people.

There are weaknesses in the laws relating to land acquisition, especially regarding public purpose and the just compensation to land owners. The exploitation of these by the state has led to discussions on the need for a more contemporary law that walks the line between economic growth, equitable distribution and human rights. As an outcome of this dialogue, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (LARR) Act 2013 came into force on January 1, 2014.