Determination of Compensation for Land Acquisition in India with Special Reference to National Capital Region NCR

Abstract

newlineLand acquisition refers to the process where a government acquires land from land newlineowners for any purpose. Generally, the purpose is related to development projects conducted newlineeither by PSUs (Public Sector units) or the private sector. All developing countries have some newlinelaws and procedures for the public acquisition of privately owned land. But few have newlineauthentically comprehensive laws and procedures and still fewer have institutions and trained newlinepersonnel to administer the laws they possess. newlineThe land acquisition instead of market mechanism is acknowledged as an essential newlinecause of disputes among affected groups namely farmers, investors, and governments. The newlineGovernment of India believed there was a heightened public concern on land acquisition newlineissues in India. Of particular concern was that despite many amendments, over the years, to newlineIndia s Land Acquisition Act of 1894, there was an absence of a cohesive national law that newlineaddressed fair compensation when private land is acquired for public use, and fair rehabilitation newlineof land owners and those directly affected from loss of livelihoods. newlineSince, the Land Acquisition Act, 1894 was enacted during British colonial period and newlinethough also had been revised from time to time to protect and safeguardthe interests of the newlineland loser but miserably failed to ensure social justice and thus the enactment proved newlineinadequate to protect and safeguard the interests of the land losers. Neither it could address the newlineissue of rehabilitation and resettlement including social impact assessment of any proposed newlineproject, nor it could devise any fruitful solutions for paving the path of social justice for the newlineaffected, the land losers and as such it was repealed. Finally, this Act was replaced by Right to newlineFair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement newlineAct, 2013. newlineThe New Land Acquisition Act aims to ensure a more reasonable, participative and newline newlinetransparent process for acquisition of land in collaboration with the institutions of local self- newlinegove