Litigation over Eminent Domain Compensation

In the recent past, use of Eminent Domain to acquire land for developmental purposes has become highly controversial. Several parts of India have experienced violent protests against the compulsory acquisition of land. Apart from the direct protests against compulsory acquisition of land, in many cases the acquisition-affected people have been approaching judiciary to dispute the amount of compensation provided by the government. Indeed, litigation over compensation seems to be rampant. Nonetheless, writings on the use of eminent domain in India have largely focussed on the desirability, or otherwise, of compulsory acquisition per se. These writings have completely ignored an equally important issue related to the use of eminent domain, namely the litigation over compensation. This project aims to address this issue.

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