“A STUDY ON THE CONSTITUTIONAL VALIDITY OF ACQUISITION OF PROPERTY UNDER THE TAMIL NADU HIGHWAYS ACT, 2001”
AUTHOR – ROHIT K, LLM SCHOLAR AT THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW, CHENNAI
BEST CITATION – ROHIT K, “A STUDY ON THE CONSTITUTIONAL VALIDITY OF ACQUISITION OF PROPERTY UNDER THE TAMIL NADU HIGHWAYS ACT, 2001”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 353-362, APIS – 3920 – 0001 & ISSN – 2583-2344
CHAPTER 1: INTRODUCTION
BACKGROUND OF LAND ACQUISITION IN INDIA
Land acquisition in India has historically served as a key instrument of the state to facilitate public infrastructure development, industrialisation, and urban expansion. Beginning with the colonial Land Acquisition Act, 1894, the state assumed broad powers to acquire private land for what it deemed as ‘public purpose’. This Act, however, became a tool for displacement, often without just compensation, especially for marginalised communities like tribal groups and small farmers. Post-independence, while the 1894 Act remained in force, concerns grew over arbitrary acquisition and lack of rehabilitation measures. In response, the state introduced a series of sector-specific laws, such as the Tamil Nadu Highways Act, 2001 (TNHA), which aimed to expedite road infrastructure projects. These statutes, though beneficial for development, raised significant concerns regarding fairness, transparency, and the adequacy of safeguards for affected landowners. The legislative evolution reflects the growing tension between economic development and protection of individual property rights, thus necessitating a constitutional re-evaluation[1].
[1] “Land Acquisition and Compensation in India” By P.K. Sarkar