International Journal of Humanities and Social Science Research

Authors
Deepika

Abstract
Acquiring land for industrialization and more generally for development purposes under the Land Acquisition Act of 1894 is fraught with theoretical problems as well as legal complexities. While much has been debated about the procedural lapses and the bureaucratic biases associated with the litigations fought in the courts, much less light has been shed on the theoretical problems and inadequacies existing within the land acquisition law itself. Acquisition by the government by exercising the power of eminent domain has always been and still is one of the most contested areas of law. A study of the litigations on the issue of payment of compensation and the requirement of “public purpose” are both infested with multiple loopholes inherent in the law. Consequently, examples of litigation and court cases are far from rare when it comes to acquisition of land in India. The popular notions about the root causes of such frequent conflicts involving acquisition of land are at best vague and often lack sound analysis. And in need of major amendments in near future. The objective of this paper is to study the issues related to land acquisition in India which have given rise to debates and litigations appearing both in the Supreme Court and the state High Courts over the years and also to analyze the court judgments related to acquisition of the land and situates it within the broader realms of right to property in the Indian constitution. Central to the idea of right to property is the embedded meaning of transaction rights of the owner, which has today become the central contentious issue regarding to land acquisition. The complexities of the debate arises since the right to property was initially part of the fundamental right of the Indian state, but since the 44th amendment it has been reduced to a directive principle of state policy, which is not justifiable unlike the fundamental rights. The right to property is therefore the subject of much debate and contention between the executive and the judiciary through several judgments of the Supreme Court and the state High Courts. Moreover, the power of eminent domain of the state further deepens the problem of unraveling the rights and powers around property discourse in India. This paper is an attempt to deconstruct the right to property and at the same time, link it to the broader debates on land acquisition. Examples from Supreme Court and state High Court judgments, at the national level is discussed in an attempt to unravel the relation between judiciary and the contentious issue of land over time.