ABSTRACT:
This research paper aims at analysing the historical development of the eminent domain law in India and how it has developed from colonial laws to the modern laws. The study looks at how India has sought to manage state authority and private property rights as forces of development and urbanization have accelerated. From the evaluation of legislative changes, judicial decisions, and policy enactments, the paper establishes the paradigm shifts in land acquisition practices especially in the aftermath of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The study focuses on key policy themes of public purpose doctrine and private property rights, with the analysis of recent changes designed to rectify past failures in compensation and rehabilitation. The paper also examines the implications of technological advancement in the acquisition of land and the dynamics in the emerging urban development scenarios. The results indicate that despite considerable advancements in the sphere of property rights and the provision of adequate compensation, there are considerable obstacles to the effective application of these concepts. This paper concludes by suggesting possible reforms for future that would be useful in ensuring that other reforms do not distort public goals with private property rights in the new socio-economic context in India.
KEYWORDS:
Eminent Domain, Land Acquisition, Public Purpose, Property Rights, Fair Compensation, Rehabilitation and Resettlement, Urban Development, Social Justice, Land Reforms, Indian Constitution
INTRODUCTION:
Eminent domain doctrine in India is a subject that is closely connected to the conflicts between state power and private interest as well as the state’s obligation to promote development. In the process of India’s steady march toward further modernization of its economy and infrastructure, there has been a growing conflict over public projects in the context of private property rights. This basic struggle originated from the colonial Land Acquisition Act of 1894 and has been forwarded by several constitutional changes, legal enactments and judicial decisions. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 symbolizes a major shift in this evolution process as it does away with all structures of earlier inadequate legislation while walking towards a new age of better rights for land acquisition.[1] This paper explores the development of the legal and policy regime in India that seeks to mediate between these competing interests: What has been the experience in contemporary India in addressing this tension between public purpose and private property rights?
[1] Content Team, ‘Doctrine of Eminent Domain’ (De Facto Law11 September 2019) https://www.defactolaw.in/post/doctrine-of-eminent-domain-for-upsc-law-optional accessed 4 November 2024.