15.1 Foundations of land acquisition law notes

1. 15.1.1Eminent domain and the constitutional basis of acquisition: Article 300A and the right to property

   The State's power to take private land for public use (eminent domain) is inherent in sovereignty; in India it is limited by Article 300A ("no person shall be deprived of his property save by authority of law"), which since the 44th Amendment (1978) makes property a constitutional right, not a fundamental right.

   Standard · 9 min · Read here
2. 15.1.2Land Acquisition Act 1894: key sections, timelines, solatium and Section 24 transition to the 2013 Act

   The Land Acquisition Act 1894 ran acquisition for 120 years through a short chain — s.4 notification, s.5A objections, s.6 declaration, s.9 notice, s.11 award, s.16/17 possession, s.18 reference — with 30% solatium and a 12% additional amount; s.24 of the 2013 Act decides which old cases continue and which lapse.

   Standard · 8 min · Full course
3. 15.1.3RFCTLARR Act 2013 Sections 1–3: application, public purpose and consent thresholds (s.2)

   The RFCTLARR Act 2013 (Act 30 of 2013, in force 1 January 2014) lists what counts as public purpose in s.2(1), requires the consent of 80% of affected families for private companies and 70% for PPP projects under s.2(2), and defines its key terms — affected family, family, land owner, Collector, appropriate Government — in s.3.

   Standard · 9 min · Full course

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