Legal Disputes Over Land Acquisition for Infrastructure Projects
- ByAdmin --
- 02 May 2025 --
- 0 Comments
Land acquisition for infrastructure projects like highways, railways, industrial corridors, and airports has triggered numerous legal disputes across India.
The tension between development needs and landowners' rights has made this one of the most litigated and sensitive areas of law.
Legal Framework Involved
- The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act, 2013):
- Replaced the outdated Land Acquisition Act, 1894.
- Aims to ensure fair compensation and rehabilitation for those affected.
- Constitution of India:
- Article 300A: No person shall be deprived of their property except by authority of law.
- Article 14: Equality before law, used to challenge discriminatory land acquisition.
- Article 21: Right to life includes the right to livelihood, often invoked in such disputes.
Key Issues in Land Acquisition Disputes
1. Consent and Public Purpose
- Requirement of Consent:
- For private projects, consent of 80% of affected families is mandatory.
- For Public-Private Partnership (PPP) projects, 70% consent is needed.
- Ambiguity in Public Purpose:
- Disputes arise when land is acquired for so-called "public purposes" that mainly benefit private players.
2. Compensation Disputes
- Landowners often allege under-valuation of land, delayed payments, and lack of transparency in determining compensation.
- Reference:
- Section 26 of LARR Act: Provides guidelines for market value determination.
3. Incomplete Rehabilitation and Resettlement
- In many cases, displaced families do not receive promised alternative housing, employment, or social amenities.
- Reference:
- Chapter V of LARR Act: Deals with rehabilitation and resettlement obligations.
Notable Judicial Interventions
- Indore Development Authority v. Manoharlal (2020):
- The Supreme Court ruled that land acquisition proceedings lapse if the government fails to take possession or pay compensation within five years.
- Bangalore Development Authority v. State of Karnataka (2020):
- The Court stressed that developmental authorities cannot bypass mandatory legal procedures during land acquisition.
- Special Economic Zones (SEZ) Cases:
- Acquisition of large tracts for SEZs faced challenges on grounds of lack of public purpose and disproportionate benefit to corporations.
Challenges in Implementation
1. Delay in Project Execution
- Disputes and litigation often stall critical infrastructure projects, increasing costs and delaying benefits.
2. Lack of Uniformity Across States
- States have amended the LARR Act, 2013 differently, creating a patchwork of rules leading to confusion and forum shopping.
3. Political Resistance
- Land acquisition often triggers protests, political movements, and social unrest (e.g., Nandigram, Singur agitations).
Government Initiatives and Reforms
- Model Land Acquisition Policy:
Proposed to bring uniformity across states.
- Digitization of Land Records:
- Ongoing under the Digital India Land Records Modernization Programme (DILRMP) to improve transparency.
- Ongoing under the Digital India Land Records Modernization Programme (DILRMP) to improve transparency.
- Fast-Track Courts:
- Proposed for early resolution of land acquisition disputes.
Conclusion
Land acquisition is essential for India's economic growth, but it must balance developmental goals with justice for affected persons.
Robust implementation of the LARR Act, 2013, proactive rehabilitation, and fair compensation mechanisms are critical to minimizing legal disputes and ensuring that infrastructure expansion is inclusive, equitable, and sustainable.
RELATED Blog
0 comments