Position of Land Owners Under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation Resettlement Act, 2013: Then and Now

Abstract

The objective of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is to acquire land for public purpose. The central and the state governments under this act are empowered to acquire a land for strategic, infrastructure, industrial and other purposes to aid public welfare. However, certain provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 have curtailed the rights of the land owners in India whose land/s are or will be acquired by the government for public purposes. The current position of law prescribes that land acquisition proceedings cannot lapse on the ground of non-payment of compensation if possession of land has been taken by concerned state machinery. In such a scenario, the acquisition of a land will be valid if possession is taken but original owner will be left hopeless as he cannot knock the doors of the court to quash the land acquisition proceedings on the ground of non-payment of compensation. The purpose of this article is to examine the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013, which has been praised as a law that effectively assists the government in acquiring land without jeopardising the rights of landowners. The article will analyse and assess the evolution of land acquisition laws in India, including the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, in order to understand the requirements for a lawful acquisition as envisioned by the Indian Supreme Court in the landmark decision of Indore Development Authority v. Manohar Lal and other decisions before and after. The article will also include recommendations for possible solutions to the landowners' situation.