Understanding The Judicial Interpretation of Public Purpose Under The Land Acquisition Laws In India: A Case of Robbing The Poor to Feed The Rich

Abstract

More often than not, land acquisition involves balancing the needs of the individual with those of the community. The justification for the acquisition on the basis of eminent domain runs on the utilitarian logic of greater good. The jurisprudence evolving globally on this subject has given birth to different minimum thresholds that the need to acquire must meet before it can be classified as being for the greater public good. However, time and again, the judiciary and the executive have seemingly allowed acquisition where the greater public good is not unquestionably served, to say the least. This paper analyses the land acquisition laws in India and undertakes a comparative analysis of the laws in the United States of America and the United Kingdom to present a comprehensive picture of the legal landscape of land acquisition.