| 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 |
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.
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.