"I realise that some of my criticisms may be mistaken; but to refuse to criticize judgements for fear of being mistaken is to abandon criticism altogether... If any of my criticisms are found to be correct, the cause is served; and if any are found to be incorrect the very process of finding out my mistakes must lead to the discovery of the right reasons, or better reasons than I have been able to give, and the cause is served just as well."

-Mr. HM Seervai, Preface to the 1st ed., Constitutional Law of India.

Tuesday, October 7, 2008

News

Reaction on Proposed Acquisition of Land for SEZ
See http://www.hindu.com/2008/10/07/stories/2008100760501000.htm

Points to ponder

The study referred in the news points towards certain important legal and social issues


  • Law may be very clear that state has the power of acquisition by giving compensation
  • Beyond the cost of compensation, there is a social cost involved in acquisition, which is beyond the letters of law
  • Unilateral acquisition by the government without comprehensive and sound plans for rehabilitation and resettlement, is sure to be resisted by the people whose right to life and livelihood are at stake
  • Being able to take the people into confidence and retaining that confidence are crucial in every actions of the government and especially in acquisitions

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