Khemka, Mayank (2019) Is forceful acquisition of land by the government just? With a special focus on farmers. International Journal of Legal Developments and Allied Issues, 5 (2). pp. 1-10.
IJLDAAI2019.pdf - Published Version
Restricted to Repository staff only
Download (460kB) | Request a copy
Abstract
Land acquisition is the process by which the government can acquire land from residents of a country without their consent. While acquiring any land the principle of eminent domain. Two conditions have to be fulfilled under eminent domain, firstly the land should be acquired for a public purpose and secondly, the owners of the land must be compensated for it. Land Acquisition is based on the principle that the individual liberty of the citizens sometimes needs to be sacrificed in order for the greater good of the country. On paper it seems fair and just that in cases of extreme need the government can take land and other immovable property from people and compensate them for their property but is the compensation fair? Can some onetime payment justify and compensate uprooting someone’s entire life? Public purpose may be
required for acquisition but what about when the land remains unused? Also, what if the government sells or leases the land to a private entity? Is it still just to take land from a poor farmer just so that it can be sold to a private entity who can make money of this land? Or is there another angle to it where it is required for the greater good of the country that the land be sold to a private entity? To what extent personal liberty can be sacrificed for the greater good of the country?
Item Type: | Article |
---|---|
Keywords: | Land | Acquisition | Government | Agricultural land | Farmer |
Subjects: | Social Sciences and humanities > Social Sciences > Law and Legal Studies |
JGU School/Centre: | Jindal Global Law School |
Depositing User: | Mr Sombir Dahiya |
Date Deposited: | 21 Apr 2022 09:04 |
Last Modified: | 21 Apr 2022 09:04 |
URI: | https://pure.jgu.edu.in/id/eprint/2545 |
Downloads
Downloads per month over past year