Description
This work deals with the universal phenomenon of ?development-induced displacement? that is at the heart of many a conflict and avoidable human suffering. The study shows how and why it happens and how it can be minimized. Hence, it takes a critical look at the very notion of development and the doctrine of ?eminent domain? that underpins it. This doctrine forms the basis of anachronistic and archaic laws such as the Land Acquisition Act, 1894.
The book explores the two main restraints the doctrine holds, namely, that land acquisition should be strictly for ?public purposes? and that ?just compensation? should be paid to the losers. The findings reveal that both these conditions have failed to rein in the state from acquiring land indiscriminately. The scope of ?public purpose? has expanded to an extent that renders it practically ineffective. Compensation or resettlement and rehabilitation (R&R) have neither been just nor a deterrent in expropriations. All this has resulted in excess acquisition and exposing millions to the risks of impoverishment and internal colonization.
In order to make acquisitions responsible and displacement minimal, the study argues in favour of humanizing eminent domain by making it accountable to the Constitution. This necessitates a redefinition of its core concept of public purpose, which the study has attempted to do. It then argues for (a) a more proactive judiciary that will use its inherent power of judicial review to protect people?s rights and check abuses of power by the state, and (b) a vigilant public genuinely concerned about ethical and sustainable development.
