New policy needed for compulsory land acquisition

By Amitabh Chaturvedi and Utkarsh Tewari, Mine & Young
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The law for compulsory land acquisition in India dates back to colonial times, when it enabled the government to acquire land at a fair market price for roads, canals and other public purposes.

The first land acquisition legislation called Bengal Regulation I, was passed in 1824. This was superceded by Act VI of 1857, which applied to all of British India. In 1870, a new act came into effect that for the first time provided a detailed procedure for compulsory land acquisition and rules to determine compensation based on market value. That act paved the way for the Land Acquisition Act, 1894, which despite several amendments, remains more or less the same today. The most notable change, in 1923, gave those whose land was being acquired the chance to state their objections to the relevant authority.

Displacement and deprivation

Heavy industrialization by state-owned companies during the Nehru period resulted in a wave of compulsory land purchases, while a new trend emerged for state governments to forcibly acquire land for private-sector use. This was controversial and resulted in the widespread displacement of people.

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Amitabh Chaturvedi is the managing partner of Mine & Young, where Utkarsh Tewari is a partner.

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