Author name: Ritu Bhartiya

Abstract Land acquisition in India has always been a balancing act between public development and private rights. The infrastructure expansion initiated by national and state authorities, such as NHAI and JDA, accelerates urban growth and economic progress but often instills fear, anxiety, and feelings of injustice in farmers, for whom land is tantamount to a source of livelihood. In this respect, the voyage from the colonial Land Acquisition Act, 1894, to the progressive Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, drastically improved the legal protection for compensation, social impact assessment, and rehabilitation. However, irregularities, undervaluation, delayed payments, and procedural infringements are quite common. This paper highlights the legal rights of landowners, compensation frameworks, major case laws, and procedural safeguards along with practical legal remedies that will help to empower landowners in defending their rights sans fear. Introduction Land for a farmer is more than a title to property; it is dignity, culture, livelihood, and identity. Its acquisition often feels like the loss of the foundation one has built an entire life on. While the government does have eminent domain powers, those are not absolute. Article 300A of the Constitution prohibits deprivation of property except by authority of law.¹ Any land acquisition must, therefore, be strictly according to procedure, transparency, and just compensation standards. The rapid development of India needs roads, flyovers and smart cities-projects executed by NHAI and urban authorities like JDA. But development cannot justify exploitation. As observed by the Supreme Court, the right to property, though no longer a fundamental right, still remains a human rights. ² This paper seeks to clarify the law so that all farmers understand: •What authority can and cannot do?  •What salary is reasonable?  •What if the valuation is wrong?  •What if possession is taken without payment?  •How and where to challenge illegal acquisition? Legal Framework of Land Acquisition 1. Who acquires land and under what provisions? • NHAI National Highways Act, 1956³-Highways, expressways, national corridors • JDA Jaipur Development Authority Act, 1982 Urban development, housing & planning • District Collector/LARR Authority LARR Act, 2013 Compensation+ R&R implementation, Even when acquisition is initiated under a special Act like the NHAI Act, the determination of compensation has to be in consonance with the principles of fairness under LARR Act. 2. Stages of Acquisition — What Farmers Must Ensure Preliminary Notification (Section 11, RFCTLARR Act) Publication of notification in newspapers informing affected persons of the proposed acquisition, thereby granting the right to file objections under Section 15 of the Act. Social Impact Assessment (SIA) Assessment of the actual impact on livelihood, land use, and environment, ensuring participation of affected families and compliance with principles of transparency and fairness. Final Declaration Formal confirmation of the public purpose and necessity of the project, with an opportunity for affected persons to raise grievances regarding necessity or scope of acquisition. Award and Compensation (Valuation of Award) Determination of compensation, including market value and statutory solatium, with the right to object to under-assessment or improper valuation. Rehabilitation and Resettlement (R&R) Implementation Implementation of resettlement and rehabilitation measures, securing the right to R&R benefits prior to displacement, in accordance with statutory and constitutional safeguards. Taking of Physical Possession Physical possession of land only after payment of compensation and R&R entitlements, in consonance with Article 300A of the Constitution, ensuring protection against arbitrary deprivation of property. Supreme Court: No possession without compensation is valid and enforceable.⁵ Compensation Formula: Know Your Entitlement Calculation of Market Value Compensation = Market Value × Multiplier + Solatium 100% + Assets Compensation + Interest @ 12% Location Type Multiplier Allowed Rural Area – 1.0 to 2.0 (farther village = higher) | Urban Area- 1.0 Other benefits payable: •House for displaced families •Transportation allowance ₹50,000 •Livelihood allowance ₹5,00,000 or annuity •Employment where applicable Market value of land must account for future potential and not just current use. In other words, if the highway or urban corridor increases future commercial value, then compensation must account for that potential. Crop, Trees & Structures Compensation consists of full value of wells, borewells, houses, cattle sheds, trees & standing agricultural produce. JDA & NHAI cannot exclude a single livelihood-dependent structure.  Landowners’ Rights: Know Your Power • Right to Notice • Right to Fair Market Value •Right to Object • Right to SIA •Right to Rehabilitation & Resettlement • Right to Court & Tribunal Remedy • Right against Forced Eviction Farmers cannot be pressurized into accepting low compensation.⁷ How Does A Legal Notice Strengthen A Property – Related Case ? Case Legal principle established Tukaram Kana Joshi v. Maharashtra⁹ Forced dispossession without compensation violates Constitution Pune Municipal Corp. v. Harakchand¹⁰ Delay in compensation → acquisition lapses Tarsem Singh Case¹¹ Compensation must include potential value Karigowda Case¹² Loss of future development value recognized NHAI v. Sayedabad Tea Co.*¹³ Tribunal jurisdiction for dispute Royal Orchid Hotels v. G. Jayarama Reddy¹⁴ Acquisition for private profit not a public purpose Bangalore Development Authority v. R. Hanumaiah¹⁵ Abuse of state power strictly reviewable Kedar Nath Yadav Case¹⁶ Acquisition benefiting corporations scrutinized Radhey Shyam v. State of U.P. Property rights anre human rights These judgments say loud and clear: “Development cannot destroy justice.” Consent and SIA – Not Formalities Consent requirement applies mainly to PPP and private projects. PPP (projects and projects undertaken by private companies): 70% consent required Private companies: 80% consent required Government-led projects (e.g., highways): No consent required Social Impact Assessment (SIA): Mandatory in all cases If serious livelihood impact is proved through SIA, the acquisition may be stayed Public Purpose — Not a License for Abuse Courts check genuineness of public purpose: •If land is given later to private builders – Illegal acquisition •If excess land is acquired beyond requirement of the project – Challengeable •If the authority acts arbitrarily – Article 14 Infringement Judicial review ensures fairness > force. Procedural Violations: When Acquisition Becomes Illegal Violation Results-  •Possession without award: The entire acquisition can be struck down.  •Non-payment / delayed payment Proceedings lapse  •No SIA done  •Incorrect rural/urban classification Compensation