Context: The Supreme Court, in a judgment held that it was a fraud played on the State’s power of eminent domain if land acquired by the government for public purposes is transferred back to the original owner by the beneficiary of the acquisition through a private agreement.

Background: –

• Litigation relating to acquired land, mainly because of creation of third-party rights, has been a key factor for delay in execution of many projects, especially national highways.

Key points

• The Doctrine of Eminent Domain refers to the sovereign power of the state to acquire private property for public use, with fair compensation to the owner.
• It is based on the principle that public interest is superior to individual property rights.

Constitutional Provisions in India

• Article 300A: Guarantees that no person shall be deprived of property except by authority of law (inserted by the 44th Amendment Act, 1978).
• Earlier, Right to Property (Article 31) was a Fundamental Right, but it was made a legal right under Article 300A.
• 5th Schedule & 6th Schedule: Provide special provisions regarding land acquisition in tribal areas.

Essential Elements

• Compulsory Acquisition: The state can take private property even without the owner’s consent.
• Public Purpose: The acquisition must serve a social, economic, or infrastructural goal (e.g., roads, railways, dams).
• Fair Compensation: The government must provide just and reasonable compensation to the affected landowners.

Important Laws in India

• Land Acquisition Act, 1894 (Repealed): Gave broad powers to the government but was criticized for inadequate compensation and forced acquisition.
• Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LARR), 2013:
  • Ensures fair compensation and rehabilitation of affected people.
  • Requires consent of 70% landowners for PPP projects and 80% for private projects.
  • Social Impact Assessment (SIA) is mandatory before acquisition.

Source: The Hindu