The Social ION
  • Year: 2014
  • Volume: 3
  • Issue: 2

Land acquisition: Determination of social impact and public purpose

  • Author:
  • Anurag Kumar Srivastava
  • Total Page Count: 9
  • Page Number: 52 to 60

Assistant Professor, Faculty of Law, University of Lucknow, Lucknow, Uttar Pradesh, India. Email: anurag.nlu@gmail.com

Online published on 27 June, 2017.

Abstract

In regard to population displacement resulting from development there are typically two types: direct displacement, which leads to actual displacement of people from their locations and indirect displacement, which leads to a loss of livelihood. Forced to leave the home region to which they are attached and for which they have the knowledge to make a living most effectively, displaced populations often become impoverished. The displacement of people as a result of development projects, policies and processes therefore constitutes a social cost for development. In this paper I have dealt with the problems and trauma of land owners and development induced displaced people their rehabilitation and resettlements keeping in mind human right issues and protection to their culture and heritage of origin. International and national attempts in making peace full acquisition of lands for development purposes are also not as much as required helpful to Government as well as land owners. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013, enacted by Parliament in September last year to provide just and fair compensation to those whose land is taken away for constructing roads, buildings or factories, had come into force from January 1, replacing the 120-year-old legislation. Throughout the history of mankind, societies have tried to balance between individual rights and the power, often a coercive power, of the State. While my own political ideology was struggling between “is” and “ought” of the situations, one fine day, my family received a notice that the road adjoining our house needs to be widened and we are required to give away a portion of our yard to the Government.

Keywords

Land Acquisition, Government, Social Impact, Legislation