Challenges Faced in Acquisition and Requisitioning Under Concurrent List

ABSTRACT

This research looks at challenges associated with land acquisition in India, a process that, in spite of legislative reforms, remains fraught with social, legal, and financial difficulties. The Land Acquisition Act of 2013 marked a significant change from the 1894 Act of the colonial era, with the goal of providing more equitable compensation and protecting landowners’ rights. But the Act’s inflexibility and center-state disputes over land governance have made it less effective, which is why it was amended in 2015 to streamline the acquisition procedures. The abuse of authority by governments, insufficient compensation systems, and a lack of procedural protections are among the persistent problems that are highlighted in this paper, which draws from case studies, literature, and significant court decisions. According to research, legal framework flaws and inconsistent state-by-state enforcement of the law frequently jeopardize individual rights. A more flexible and integrative approach is suggested in the paper, which calls for a joint centerstate surveillance body, more precise definitions of “public purpose,” and a flexible compensation model that takes into consideration the social and financial effects on impacted communities. The creation of a specialized Land Acquisition Tribunal to speed up dispute resolution, the addition of a regulatory watchdog to increase transparency, and the integration of community input into frameworks for compensation and resettlement are among the recommendations. In order to promote distributive justice to prevent misuse during the acquisition process, this study emphasizes the necessity of a fair and balanced land acquisition system that safeguards private rights while permitting real public benefit