India faces serious challenges in creating development processes that generate economic growth while being socially inclusive, ecologically sustainable, politically feasible, and in accordance with the Rule of Law. Efficient and equitable acquisition of land by the state for development projects, including infrastructure and industry, lies at the heart of these challenges. The state’s power of “eminent domain”, inherent in the exercise of its sovereignty allows the state to compulsorily acquire property belonging to private persons for a public purpose and upon payment of just compensation, following procedure established by law. The twin requirements of public purpose and just compensation are based on the rationale that no individual should have to disproportionately bear the burden of supporting the ‘public good’, which the government, as the representative of the people, legitimately executes. Lawfully established acquisition procedures minimise the potential for arbitrary action by individual government officials in compulsory acquisitions of property, including land. Such procedures give land losers a fair hearing as to why their land should not be acquired and whether the compensation assessed for their lands is adequate.

Land Acquisition in India: A Review of Supreme Court Cases 1950-2016

Resource Key: 2IHSH3EA

Document Type: Report

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  • Centre For Policy Research

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Date: 2017

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India faces serious challenges in creating development processes that generate economic growth while being socially inclusive, ecologically sustainable, politically feasible, and in accordance with the Rule of Law. Efficient and equitable acquisition of land by the state for development projects, including infrastructure and industry, lies at the heart of these challenges. The state’s power of “eminent domain”, inherent in the exercise of its sovereignty allows the state to compulsorily acquire property belonging to private persons for a public purpose and upon payment of just compensation, following procedure established by law. The twin requirements of public purpose and just compensation are based on the rationale that no individual should have to disproportionately bear the burden of supporting the ‘public good’, which the government, as the representative of the people, legitimately executes. Lawfully established acquisition procedures minimise the potential for arbitrary action by individual government officials in compulsory acquisitions of property, including land. Such procedures give land losers a fair hearing as to why their land should not be acquired and whether the compensation assessed for their lands is adequate.

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