🔹 Introduction to Land Acquisition Act
The Land Acquisition Act governs the process by which the government acquires private land for public purposes. It balances the rights of landowners with the need for development. The 2013 amendment, known as the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (RFCTLARR), reformed compensation and resettlement policies.
🔹 Key Provisions of the Land Acquisition Act
- Purpose of Acquisition – Land can be acquired for public infrastructure, urban development, and industrial growth.
- Fair Compensation – Affected landowners receive fair market value plus a solatium.
- Rehabilitation & Resettlement – Displaced individuals are entitled to rehabilitation measures.
- Social Impact Assessment (SIA) – Mandatory evaluation of the acquisition’s impact on society.
- Consent Clause – Requires 70-80% consent from affected landowners for private and PPP projects.
⚖️ Landmark Cases on Land Acquisition
1️⃣ Kesavananda Bharati v. State of Kerala (1973)
- Facts: The petitioner challenged land reforms as violating fundamental rights.
- Judgment: The Supreme Court upheld the power of Parliament to amend the Constitution but introduced the “Basic Structure Doctrine.”
- Conclusion: While land acquisition laws can be amended, they must adhere to fundamental rights.
2️⃣ State of Bihar v. Kameshwar Singh (1952)
- Facts: The Bihar government acquired land for a public project, but landowners challenged inadequate compensation.
- Judgment: The Supreme Court held that compensation must be just and reasonable under Article 31(2) of the Constitution.
- Conclusion: Set a precedent for fair compensation in land acquisition cases.
3️⃣ Indore Development Authority v. Manoharlal (2020)
- Facts: Dispute over land acquisition lapsing due to non-payment of compensation.
- Judgment: Clarified the lapsing provisions under the RFCTLARR Act, 2013.
- Conclusion: Ensured timely compensation and procedural fairness in land acquisition.
❓ MCQs on Land Acquisition Act
1. Under which Act is land acquisition governed in India today?
a) Land Acquisition Act, 1894
b) RFCTLARR Act, 2013
c) Property Rights Act, 1950
d) None of the above
✅ Answer: b) RFCTLARR Act, 2013
2. What is the minimum consent required for land acquisition in PPP projects?
a) 50%
b) 60%
c) 70%
d) 80%
✅ Answer: c) 70%
3. Which landmark case introduced the Basic Structure Doctrine affecting land acquisition laws?
a) Maneka Gandhi v. Union of India
b) Kesavananda Bharati v. State of Kerala
c) Golaknath v. State of Punjab
d) Kameshwar Singh v. State of Bihar
✅ Answer: b) Kesavananda Bharati v. State of Kerala
This guide ensures law students preparing for the All India Bar Examination (AIBE) understand the Land Acquisition Act, its key provisions, and landmark judgments. 💼⚖️