In India, the acquisition of land by the government for industrial development, infrastructure, and public interest projects is a common process that often becomes a topic of discussion and controversy. The question arises, how does the government take someone's private land, is the owner's consent necessary, and what is the legal process?
Under our country's Constitution and acquisition laws, the government is entitled to take land for public interest. The government acquires land under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013. Commonly known as the LARR Act, 2013, this law also ensures that when someone's land is taken, the owner receives fair compensation. The purpose of this law is to increase transparency and prevent forced acquisition. In some special circumstances, central or state governments can also acquire under other laws (such as the National Highways Act, 1956), but the LARR Act, 2013 is the primary law.
In India, the likelihood of land acquisition without consent under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act, 2013) depends on the circumstances.
For Public Purpose:
If the land is acquired solely by the government for public purposes (such as defense, railways, roads, hospitals, etc.), the consent of the affected families is not required. However, a social impact assessment (SIA) and fair compensation are mandatory.
Private Participation (PPP) Projects:
For land acquisition for private companies or PPP projects, the consent of 70-80% of the affected families is required (depending on the project type). Acquisition cannot occur without consent.
Emergency Situations:
In certain cases, such as national security or emergencies (like urgent infrastructure for natural disasters), the government can acquire land without consent under Section 40 of the LARR Act, 2013. However, this is only possible in limited and exceptional circumstances, and compensation and rehabilitation rules apply.
The Supreme Court clarified in the ‘Sukh Dutt Ratra vs. State of Himachal Pradesh’ (2022) case that acquiring private land without due legal process violates constitutional and fundamental human rights. The court emphasized the necessity of following legal processes and providing compensation for acquisition.
Under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act, 2013) in India, the amount of compensation for land acquisition is set to be twice in rural areas and once in urban areas. Additionally, there are provisions for rehabilitation, alternative land, or employment.
