project
INTRODUCTION
Land acquisition is the process by which the government forcibly acquires private property for public purpose without the consent of the land-owner. It is thus different from a land purchase, in which the sale is made by a willing seller. The evolution of Law of Land Acquisition as it exists today in various forms in different statutes in India has undergone an evolution in the last decade. Originally the wishes of owners of property were totally irrelevant, but at present, the law tries to provide various provisions for objections and alternative remedies in case of inadequacy of compensation. In English Law the concept is known as the Law of Compulsory Purchase and under the United States Law it is known as the Power of Eminent Domain. This law empowers the state, (as an exception to the general rule) to compel an owner of the property to submit the property to the state or any agency or an entity authorized by the state because the same is required for the use of the state or such an agency or entity of the state. The concept that underlines such an act and the rationale behind such an act lays in the concept of Utilitarianism which emphasis on the fact that community good is paramount to the right of individual to hold property. The underlining principle of Land Acquisition, Power of Eminent Domain or the Law of Compulsory Acquisition whatever it may be called can be summarized by the legal maxim salus propuli est supreme lex, meaning welfare of the people is paramount in law. Compulsory acquisition of property involves expropriation of private rights in the property; it is a restraint on the right of private owners to be able to dispose off property according to their wish. The Law of Land Acquisition is intended to legalize the taking up, for public purposes, or for a company, of land which is private property of individuals the owners and occupiers, and pay equitable compensation therefore calculated at market value of land acquired, plus an
Land acquisition is the process by which the government forcibly acquires private property for public purpose without the consent of the land-owner. It is thus different from a land purchase, in which the sale is made by a willing seller. The evolution of Law of Land Acquisition as it exists today in various forms in different statutes in India has undergone an evolution in the last decade. Originally the wishes of owners of property were totally irrelevant, but at present, the law tries to provide various provisions for objections and alternative remedies in case of inadequacy of compensation. In English Law the concept is known as the Law of Compulsory Purchase and under the United States Law it is known as the Power of Eminent Domain. This law empowers the state, (as an exception to the general rule) to compel an owner of the property to submit the property to the state or any agency or an entity authorized by the state because the same is required for the use of the state or such an agency or entity of the state. The concept that underlines such an act and the rationale behind such an act lays in the concept of Utilitarianism which emphasis on the fact that community good is paramount to the right of individual to hold property. The underlining principle of Land Acquisition, Power of Eminent Domain or the Law of Compulsory Acquisition whatever it may be called can be summarized by the legal maxim salus propuli est supreme lex, meaning welfare of the people is paramount in law. Compulsory acquisition of property involves expropriation of private rights in the property; it is a restraint on the right of private owners to be able to dispose off property according to their wish. The Law of Land Acquisition is intended to legalize the taking up, for public purposes, or for a company, of land which is private property of individuals the owners and occupiers, and pay equitable compensation therefore calculated at market value of land acquired, plus an