The IUP Journal of Law Review
RFCTLARR Act, 2013: Implementation Issues and Challenges

Article Details
Pub. Date : Jan, 2019
Product Name : The IUP Law Review
Product Type : Article
Product Code : IUPLR31910
Author Name : S V Damodar Reddy
Availability : YES
Subject/Domain : Law
Download Format : PDF Format
No. of Pages : 15

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Abstract

While land acquisition is necessary and inevitable for economic and social development, the power of government to acquire land under the “Doctrine of Eminent Domain” is draconian as well as in violation of human rights of the land owners under the Land Acquisition Act, 1894. This paper discusses the provisions of the much talked-about peoplefriendly Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act, 2013) which is said to imbibe the maxims Salus populi est supreme lex and Necessitas public major est quam privata. The paper also discusses the issues related to implementation of this Act in letter and spirit and how unjust efforts are made to water down the provisions of the RFCTLARR Act, 2013.


Description

The four essential elements of a state are population, territory, government and sovereignty. The progress and prosperity of the country largely depends on the type of land it possesses and its geographical nature, yielding quality and capacity, value and extent. Land plays a vital role amongst the factors of production, viz., land, labor, capital and organization. Moreover, land is treated as the symbol of social status since generations.

In the good olden days, whoever is in occupation of land is treated as the owner of those lands. Now there will be no land without an owner. Ownership of land can be broadly divided into two: state ownership, i.e., lands owned by state; and private ownership, i.e., lands owned by private individuals or groups.

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