LAND ACQUISITION IN INDIA ISSUES AND CHALLENGES

ABSTRACT In Democratic world, the land Acquisition is the power of the central or the state Government. The private land can be acquired for public purposes and to compensate the original owners and other persons affected due to such acquisition. For the purpose of land acquisition Act of process are done by the officer appointed by the government and not by mere deceleration of the Government hence it is an act of administrative nature and not of judicial or qusi judicial. The act defines that land acquisition as the action of the government whereby it acquires land from its owners in order to pursue certain public purpose or for any company. This acquisition may be against the will of the owners but compensation is paid to the owners or persons interested in the land. This can be distinguished from an outright purchase of land from the market. Land acquisitions by the government generally are compulsory in nature, not paying heed to the owner’s unwillingness to part with the land. The power to take property from the individual is rooted in the idea of eminent domain. The doctrine of eminent domain states, the sovereign can do anything, if the act of sovereign involves public interest. The doctrine empowers the sovereign to acquire private land for a public use, provided the public nature of the usage can be demonstrated beyond doubt. The doctrine is based on the following two Latin maxims, (1) Salus populi suprema lex (Welfare of the People Is the Paramount Law) and (2) Necessitas publica major est quam (Public Necessity Is Greater Than Private Necessity. In the history of modern India, this doctrine was challenged twice (broadly speaking) once when land reform was initiated and another time when Banks were nationalized. Keywords- Land Acquisition, Public Purposes, Public Interest, Compensations etc.