A COMPREHENSIVE ANALYSIS OF THE LAND ACQUISITION LEGISLATION AND ITS’ EVOLUTION

AUTHORS – SOWVUNDAR K.A & MAHALINGAM V, STUDENTS AT SRM SCHOOL OF LAW

BEST CITATION – SOWVUNDAR K.A & MAHALINGAM V, A COMPREHENSIVE ANALYSIS OF THE LAND ACQUISITION LEGISLATION AND ITS’ EVOLUTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 395-399, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Land acquisition is a monumental issue that concerns the general public but it often goes under the radar due to it not affecting the majority on a daily ordinary life. The process of Land acquisition in refers to the ability and procedure by which the state is able to acquire private property for the purpose of public welfare and various other needs. The Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation & Resettlement act of 2013 provides the state the power to acquire land and makes the whole ordeal a fair and reasonable trial for the parties involved through the provisions involved and the procedures that are to be adhered to in order to make the land acquisition valid. The act was a necessary tool due to the Land acquisition act which was made by the British government which was very biased and unjust in the process by which it allowed the British government to acquire land without any proper compensation or reason, it was abused by the British and aided in their ruthless objective to expand and plunder India as much as they needed. Land acquisition act 2013 was not the first of its kind there were many which came before them and all were fragile and ineffective in many ways thus the need for a legislation which would be effective in what it wanted to achieve. After it’s birth it provided a firmer more just solution to the land acquisition by the state.

The objective of this paper is to provide a comprehensive study and analysis of the of the land acquisition act 2013 and the important legal provisions which are provided by it and how they make the process of land acquisition which may seem controversial as fair and just to both state and individual involved. This paper also sheds light behind the history of the act and the formation of the act as we know it as now and to also draw comparisons and differences between the land acquisition act of 1894 and the Land Acquisition, Rehabilitation and Resettlement Bill of 2013.

KEY WORDS: 1. Land acquisition,2. Land acquisition act 2013, 3. Rehabilitation and Resettlement, 4. public purpose, 5. Compensation.