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Ils Pune'S SP Sathe Memorial Conference On Land Laws: Topic: Socio-Legal Issues in Land

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ILS PUNES SP SATHE MEMORIAL

CONFERENCE ON LAND LAWS



TOPIC: SOCIO- LEGAL ISSUES IN LAND
ACQUISITION

AUTHOR:

TANYA TANDON
BALLB (HONS)
AMITY UNIVERSITY, LUCKNOW



ABSTRACT
It is common knowledge that the administrative structure of India is largely influenced by the
rules and laws bequeathed by the British who governed the country according to their
convenience, not for the welfare of the masses. Whatever changes they made from time to
time, they served the interest of the Empire with its reign in England. In this regard, mention
should be made of the British era Act of 1894 with regard to land acquisition by the
Government. The British Act was iron-cast with one rule applying across the country. The
Law relating to Land acquisition has always been seriously debated and has always been
plagued by controversies. Contentious issues like inadequate compensation and
rehabilitation and resettlement of the oustees have dominated the discourse on the subject.
The Act of 1894 has failed to address some important issues associated with land acquisition
particularly forcible acquisitions, definition of public purpose, widespread misuse of urgency
clause, compensation etc. The Bill of 2013 has introduced a number of changes over and
above the acquisition Act of 1894 and has widened the scope of the law relating to
acquisition by combining acquisition, compensation, rehabilitation and resettlement into one
Bill. Though the Bill is certainly in the right direction; it fails to address some of the critical
issues. For example, though the object and purpose of the bill states that the definition of
public purpose needs to be redefined so as to restrict its scope, the definition presented in
the Bill has largely remained the same and hence leaves enough scope for its abuse. The
provisions of public service and production of public goods in relation to public private
partnerships and acquisition by private companies is susceptible to wanton abuse due to the
vagueness attached to them.

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