Land Acquisition: Sentimental, Constitutional, and Legislative Aspects of It

  • Kubher Malhotra and Radhika Singla
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  • Kubher Malhotra

    Student at Gujarat National Law University, Gandhinagar, India

  • Radhika Singla

    Student at Rajiv Gandhi National University of Law, Patiala, India

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Abstract

“Bhoomi”, “Zameen” and “Dharti”, this is the thing that can be compared to a mother. It is the supreme prioritized entity in India. This Research Paper will ornate the emphasis on property holdings, the sentiments devoted to the same, the prominence put on the thoughts of the inhabitants, and discussing the laws related to land and elaborating on the important ones. This will include a precise view of Bhoomi’s importance and how much emphasis is given to the same legally and by the government. Concepts like “Panch Maha Bhoota”, “Doctrine of Eminent Domain” and multiple legislations are discussed. This will include both sides of the coin including all concepts and theories that will be discussed. The reading will begin with the Indian emotional elaboration of Land then the comparative timeline analysis of the laws relating to Land Acquisitions in different periods of civilization and proportional examination with present-time laws. Focus is put more on qualitative data and reliable evidence to compare the laws in multiple civilizations, and to set an expectation and cure the forthcoming Land Laws in India. Also, giving it a religious prescription and land relocation and rehabilitation, the focus is kept on how sentimental, emotional, and historic prominence was sacrificed for and by legalities. The objective of this paper is to elaborate on how sensitive the topic of land acquisition is. The sentimental value and the scale of importance given to it by the legislative bodies in India including the Indian Constitution. The significant results were that legislations like The Land Acquisitions Act, 2013 or The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 require some deliberations, as well as the other rules regarding the same, important points regarding the Constitutional and fundamental rights, are also discussed and matters are jagged.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 6, Issue 2, Page 2302 - 2315

DOI: https://doij.org/10.10000/IJLMH.114676

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