A Study On Impact Of Amendments In Land Acquisition Act After Independence With Special Reference To Economic Development In Pune Region Of Maharashtra State

Abstract

Right to property is a human right inherent in an individual. Every individual newlinepossesses right to own, occupy and enjoy the property as the right to property is the newlinenatural and fundamental right of an individual. However, the citizens cannot have an newlineabsolute right to private property but subject to reasonable restrictions imposed by law newlinein the interest of general public. Hence, the rights of the individual are in conflict with newlinethe rights of the State. The Government has sovereign authority under the doctrine of newlineeminent domain to acquire land in the public interest subject to the condition that newlineowner of the land is compensated in lieu of land. The study expounded the principles newlinegoverning the acquisition of land by the State and also understanding the relationships newlinebetween land, state, citizen, corporation and community in a democracy purporting to newlinebe committed to social justice. The Government is primarily responsible for the newlinedevelopment of the Nation. The development of the nation essentially needs planning newlineand implementation of major projects such as, establishment of industries, newlineconstruction of dams, irrigation projects for agriculture, agro-processing industries, newlinebuilding infrastructure, establishing manufacturing units, construction of roads, newlinebuilding houses and flats, schools, colleges, hospitals and strengthening of defense newlineand national security and any other vital function. The land is an essential requirement newlinefor the execution of all these development activities and, therefore, the Government newlineneeds to acquire land for all these processes under various land expropriation laws. newlineThe Government under the archaic Land Acquisition Act, 1894 had unlimited power newlineand the landowner was left with no choice except to part with land or property. Thus, newlineland acquisition under the colonial Act of 1894 raised vital issues relating to public newlinepurpose, displacement, rehabilitation and resettlement, compensation, misuse of newlineurgency clause etc.