Legislating for justice : the making of the 2013 Land Acquisition Law

Land ownership in India has always been a risky proposition. The Land Acquisition Act of 1894 endowed the State with unfettered powers of acquisition. Furthermore, the refusal of the Parliament to recognize the right to own property as a fundamental one had emboldened the State to stake claim on any land it saw fit. However, in the years 2012–2014, the Government of India embarked on an ambitious exercise to rewrite the entire law on land acquisition from scratch. This process saw a radical polarization of public opinion—those who saw acquisition as a necessary tool for India’s development and those who were strongly opposed to an archaic relic that defied the rule of law. This book attempts to explain the rationale behind each and every provision of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013, presented by the then Minister for Rural Development and his Principle Aide. The book is a first-hand account of the challenges faced and the factors that drove the decisions in regulating the State’s approach to a resource that is arguably the most important in a land-deficit people-surplus nation. Land ownership in India has always been a risky proposition. The hitherto unfettered power of acquisition and the refusal of the Parliament to recognize the right to own property as a fundamental one, had emboldened the state to stake claim on any land it saw fit. However, in the years 2012-2014, the Government of India embarked on an exercise to not just amend but to rewrite the law on acquisition. This process saw the radical polarization of public opinion into two sharp sides a those who saw acquisition as a necessary tool to India's development (given the absence of other mechanisms guaranteeing clear title), and those who were sharply opposed to an archaic relic that defied the rule of law. This book attempts to explain the rationale employed behind each and every provision by the then Minister and his Principle Aide who helped draft the law. The book is a firsthand account of the challenges faced and the factors that drove the decisions in regulating the Stateas approach to a resource that is arguably the most important in a land deficit people surplus nation. Land ownership in India has always been a risky proposition. The hitherto unfettered power of acquisition and the refusal of the Parliament to recognize the right to own property as a fundamental one, had emboldened the state to stake claim on any land it saw fit. However, in the years 2012-2014, the Government of India embarked on an exercise to not just amend but to rewrite the law on acquisition. This process saw the radical polarization of public opinion into two sharp sides a those who saw acquisition as a necessary tool to India's development (given the absence of other mechanisms guaranteeing clear title), and those who were sharply opposed to an archaic relic that defied the rule of law. This book attempts to explain the rationale employed behind each and every provision by the then Minister and his Principle Aide who helped draft the law. The book is a first hand account of the challenges faced and the factors that drove the decisions in regulating the State's approach to a resource that is arguably the most important in a land deficit people surplus nation Land Ownership In India Has Always Been A Risky Proposition. The Hitherto Unfettered Power Of Acquisition And The Refusal Of The Parliament To Recognize The Right To Own Property As A Fundamental One, Had Emboldened The State To Stake Claim On Any Land It Saw Fit. However, In The Years 2012-2014, The Government Of India Embarked On An Exercise To Not Just Amend But To Rewrite The Law On Acquisition. This Process Saw The Radical Polarization Of Public Opinion Into Two Sharp Sides A Those Who Saw Acquisition As A Necessary Tool To India's Development (given The Absence Of Other Mechanisms Guaranteeing Clear Title), And Those Who Were Sharply Opposed To An Archaic Relic That Defied The Rule Of Law. This Book Attempts To Explain The Rationale Employed Behind Each And Every Provision By The Then Minister And His Principle Aide Who Helped Draft The Law. Jairam Ramesh, Muhammad Ali Khan. Includes Index. Includes Bibliographical References And Index. English And Hindi. This volume attempts to explain the rationale behind each and every provision of India's The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013, presented by the then Minister for Rural Development and his Principle Aide. The book is a first-hand account of the challenges faced and the factors that drove the decisions in regulating the State's approach to a resource that is arguably the most important in a land-deficit people-surplus nation