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Judicial Strengthening of Landowner Rights: SC on Section 15 of the 2013 Land Acquisition Act

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The Supreme Court has ruled that the right to object to land acquisition under Section 15 of the RFCTLARR Act, 2013, is akin to a fundamental right. This judgment reinforces procedural rigor and natural justice in land reform processes.

In a significant boost to property rights and procedural justice, the Supreme Court of India has ruled that the right of a landowner to raise objections under Section 15 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013, is 'akin to a fundamental right.' The Court emphasized that any non-compliance with this mandatory requirement would vitiate the entire acquisition process, effectively rendering it null and void. Historically, land acquisition in India was governed by the colonial-era 1894 Act, which was often criticized for its 'eminent domain' doctrine that allowed the state to acquire land with minimal regard for the landowner's perspective. The 2013 Act sought to remedy this by introducing a more humane, participatory, and transparent process. Section 15 of this Act specifically provides a window for affected persons to object to the area and suitability of the land proposed for acquisition, the justification offered for public purpose, or the findings of the Social Impact Assessment (SIA) report.

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