Land acquisition: time to return a little

By Deepti Mohan, Vidhii Partners
0
1607
LinkedIn
Facebook
Twitter
Whatsapp
Telegram
Copy link

Recent protests against the acquisition of land by some states and the move to return land to its owners in Singur, West Bengal, have brought the inadequacies of the current land acquisition laws into the limelight.

The legal framework

The Land Acquisition Act, 1894, is a central legislation enacted with the object of amending the law on acquisitions for public purposes and for determining the compensation payable to land owners. While the act, which is based on the doctrine of eminent domain, defines public purpose, the connotations attributed to the term have undergone drastic changes over the last century.

A principal problem with the act is that it does not provide for the return of acquired land to the original owners, if the purpose for which the acquisition was carried out ceases to exist or the project for which acquisition was required is abandoned or its scope changes. By virtue of section 16 of the act read with section 48, the acquired land vests absolutely in the government free from all encumbrances and it can only withdraw from the acquisition if possession of land has not yet been taken.

You must be a subscribersubscribersubscribersubscriber to read this content, please subscribesubscribesubscribesubscribe today.

For group subscribers, please click here to access.
Interested in group subscription? Please contact us.

你需要登录去解锁本文内容。欢迎注册账号。如果想阅读月刊所有文章,欢迎成为我们的订阅会员成为我们的订阅会员

已有集团订阅,可点击此处继续浏览。
如对集团订阅感兴趣,请联络我们

Deepti Mohan is a partner at Vidhii Partners and can be reached at deepti.mohan@vidhiipartners.com.

Vidhii_Partners_logo-CMYK

Mumbai

102-A, Prathmesh Tower

Premises Co-op. Society Ltd.

Raghuvanshi Mills Compound

Senapati Bapat Marg, Lower Parel,

Mumbai 400 013, India

Tel: +91 22 4355 8555

Fax: +91 22 4355 8550

Email: vidhii.mumbai@vidhiipartners.com.

Kolkata

Ambassador Apartments,

Flat No. 13, Block B,

First Floor, 61A, Park Street,

Kolkata 700 016, India

Tel: +91 33 4001 4224

Fax: +91 33 4001 4225

E-mail: vidhii.kolkata@vidhiipartners.com

LinkedIn
Facebook
Twitter
Whatsapp
Telegram
Copy link