The Land Acquisition Bill, 2011: One Step Forward and Two Steps Back

The Land Acquisition Bill, 2011: One Step Forward and Two Steps Back

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Volume 5 Issue 2 ()

On September 7, 2011, the Land Acquisition, Rehabilitation and Resettlement Bill was introduced in the Lok Sabha in the backdrop of several large scale protests by farmers across the country. This paper provides a brief comparison of the new bill with the present Land Acquisition Act, 1894, introducing the key features of the bill. It discusses the legal framework relating to the power of acquisition and argue that it suffers from shortcomings in not fully accounting for social costs and not ensuring an equitable distribution of benefits. It neither recognises all affected persons nor allows them to participate in decision-making. Instead, it allows for a policy of targeted displacement of vulnerable groups. In relation to resettlement, the paper considers how the Impoverishment Risk and Reconstruction model allow to set a benchmark for the resettlement process and entitlements. Lastly, it evaluates the monetary and non-monetary entitlements under the bill in this context.
Cite as: Nihal Joseph & Shrinidhi Rao, The Land Acquisition Bill, 2011: One Step Forward and Two Steps Back, 5 NUJS L. Rev. 218 (2012)

Disclaimer: All articles of Issue 5 (2) of the NUJS Law Review will be released online once the print copy is out