With the expansion of infrastructure and industrial projects across the country, land acquisition has become a very sensitive issue. In such a situation, the question often arises that can the government acquire land of a citizen without his consent? The answer is – yes, it can happen in certain situations.
However, there is a definite legal process for this, which cannot be ignored. The government has the right to acquire land from the public in the ‘public interest’. Both the Constitution and the acquisition law of the country allow this. Currently, the government acquires land under the ‘Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013’ (LARR Act).
This law ensures that whenever the government or a private company acquires land in the ‘public interest’, the landowners and affected families get adequate compensation. If a house is acquired, a new house, or its reasonable cost, or assistance in construction is provided. This law was brought to replace the old Land Acquisition Act of 1894 to increase transparency, prevent forced occupation and make social impact assessment mandatory. It provides for compensation of at least 2 times the market value in rural areas and 1 time in urban areas. Also, the need for rehabilitation of the affected family and social consent has also been stipulated.
Supreme Court’s Stand on Land Acquisition
The Supreme Court made its view on land acquisition very clear in the case of ‘Sukh Dutt Ratra vs State of Himachal Pradesh’ (2022). It said in its judgment that the government cannot forcibly take possession of the private property of a person without due process and compensation. The case was related to Article 300-A of the Constitution of India, which states that no person can be deprived of his property without due process authorized by law. The court clearly said that land acquisition without due process is not only a violation of the Constitution, but it is also a violation of human rights. The Supreme Court clearly said that if the government has to acquire someone’s land, it has to follow the prescribed procedure for acquiring the land and it is mandatory to give adequate compensation.
Is consent required to acquire land?
The answer depends on the purpose for which the land is being acquired. As per the LARR Act, 2013, consent is required in some cases. Also, in some cases, land can be acquired without consent. However, in both the cases, arrangements will have to be made for compensation and then resettlement of the affected families. This means that the government can acquire land for a work like construction of a road or railway track by paying compensation only. It does not matter whether you agree or not. However, if a private company wants to start a project in an area, it cannot acquire the land unless it gets written consent from a large number of landowners.
How much compensation will be given in land acquisition?
In the LARR Act, better compensation has been provided for the affected people. In rural areas, compensation of at least 2 times the market value will be given. While, in urban areas, 1 time is given. Apart from this, there is also a provision for rehabilitation, cash assistance and alternative land or employment. However, there have been disputes about the ‘market value’. The government ‘circle rate’ is sometimes much lower than the ground reality. Due to this, farmers and landowners feel cheated.
Can you refuse to give land?
If the Land Acquisition is in the public interest and due process has been followed, the right to refuse on an individual basis is limited. However, in certain circumstances, the affected individual or group can file a petition in court. Such as:
- Is there a flaw in the Land Acquisition process?
- There is no justice in rehabilitation or compensation.
- There is a violation of the rules related to consent.
