Law4u - Made in India

What are the limitations on the government's power to seize private property for public use?

13-Feb-2024
Property

Answer By law4u team

In India, the power of the government to seize private property for public use is governed by the Land Acquisition Act, 2013. The Act provides a legal framework for the acquisition of land for public purposes and lays down certain limitations and safeguards to protect the rights of property owners. Here are some key points regarding the limitations on the government's power to seize private property for public use in India: Public Purpose: The government can acquire private property only for a "public purpose." The term "public purpose" is defined broadly and includes purposes such as infrastructure development, urbanization, industrialization, and improvement of village sites. Compensation: Property owners are entitled to receive fair and just compensation for their land. The compensation must be determined as per the provisions of the Land Acquisition Act, and it should include the market value of the land, the value of the assets attached to the land, and a solatium (additional compensation) among other things. Consent and Social Impact Assessment: In certain cases, the government may require the consent of a specified percentage of landowners before proceeding with the acquisition. Additionally, a Social Impact Assessment (SIA) may be conducted to assess the potential impact of the acquisition on the affected community. Procedures and Notifications: The government must follow prescribed procedures and issue notifications before acquiring land. Adequate public notice must be given, and affected parties have the right to object to the acquisition. Time Limit for Proceedings: The Land Acquisition Act imposes a time limit for completing various stages of the acquisition process to ensure that the proceedings are conducted expeditiously. Review and Redressal: Property owners have the right to challenge the acquisition through the process of judicial review. They can approach the appropriate courts if they believe that the acquisition process was not conducted in accordance with the law or if they are dissatisfied with the compensation offered. Compulsory Rehabilitation and Resettlement: In cases where the acquisition displaces people, the government is obligated to provide rehabilitation and resettlement benefits as specified in the Act. This includes providing alternative land, housing, and monetary compensation. It's important to note that the government's power to acquire land for public purposes is subject to the principles of fairness, just compensation, and the protection of fundamental rights. Property owners affected by land acquisition have legal avenues to seek redressal and ensure that their rights are upheld. Additionally, the legal framework and regulations may be subject to updates or amendments, so it's advisable to consult legal professionals for the most current information.

Property Verified Advocates

Get expert legal advice instantly.

Advocate M Selvam

Advocate M Selvam

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Labour & Service, Motor Accident, Muslim Law, Property, R.T.I, Supreme Court, Wills Trusts, Revenue

Get Advice
Advocate Deepam Popat

Advocate Deepam Popat

Civil, Criminal, Cheque Bounce, Motor Accident, Property, Divorce, Family, Anticipatory Bail, Consumer Court, Domestic Violence, Landlord & Tenant, Labour & Service, Supreme Court, Succession Certificate, High Court

Get Advice
Advocate Nootan Singh Thakur

Advocate Nootan Singh Thakur

Civil, Consumer Court, Family, Property, Landlord & Tenant, Divorce, Documentation, Criminal, Cheque Bounce, Wills Trusts, Revenue

Get Advice
Advocate Hitesh Soni

Advocate Hitesh Soni

Anticipatory Bail, Banking & Finance, Cheque Bounce, Civil, Court Marriage, Criminal, Divorce, Documentation, Family, Motor Accident, Property, R.T.I, Succession Certificate, Tax, GST

Get Advice
Advocate Rohitkumar Damaji Kamble

Advocate Rohitkumar Damaji Kamble

Property, Revenue, Wills Trusts, Banking & Finance, Breach of Contract, Civil, Documentation, Succession Certificate

Get Advice
Advocate Utsav Kumar Mishra

Advocate Utsav Kumar Mishra

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Brahmdev Gupta

Advocate Brahmdev Gupta

Civil, Criminal, Motor Accident, Property, Divorce

Get Advice
Advocate Nunu Gaurav

Advocate Nunu Gaurav

Anticipatory Bail, Armed Forces Tribunal, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, Insurance, Labour & Service, Landlord & Tenant, Motor Accident, Muslim Law, Property, R.T.I, Recovery, Succession Certificate, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Anup Chaturvedi

Advocate Anup Chaturvedi

Anticipatory Bail, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Domestic Violence, Family, High Court, Insurance, Landlord & Tenant, Motor Accident, Property, Recovery, Revenue, Banking & Finance, Bankruptcy & Insolvency, Cheque Bounce, Breach of Contract, Arbitration

Get Advice
Advocate M Anand Kumar

Advocate M Anand Kumar

Cheque Bounce, Civil, Consumer Court, Criminal, Divorce, Family, Domestic Violence, Landlord & Tenant, Motor Accident, Property, R.T.I, Recovery, Succession Certificate, Wills Trusts, Revenue

Get Advice

Property Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.