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land acquisition

English · Property and land

Meaning. Compulsory acquisition of private land by the State for a public purpose, on payment of compensation.

Land acquisition is the exercise of the State’s power of eminent domain. The Land Acquisition Act, 1894 was replaced from 1 January 2014 by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which requires a social impact assessment, consent of a percentage of landowners for private and PPP projects, higher compensation with 100 per cent solatium, and rehabilitation and resettlement.

Section 24 of the 2013 Act deals with pending 1894 Act acquisitions and provides when they lapse. A Constitution Bench has held that lapse occurs only if both possession was not taken and compensation was not paid for five years or more. Many States, including Karnataka, also acquire land under their own statutes such as industrial and urban development laws.

Example

The farmers argued that the land acquisition had lapsed under Section 24(2) because they had neither been paid nor dispossessed.

In Indian law

See also

eminent domain · just compensation · immovable property

Read more in the study notes

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