
Contents
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Introduction Introduction
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The Colonial Period The Colonial Period
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Continuity and Resistance (1950–1985) Continuity and Resistance (1950–1985)
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The State’s Rights Challenged (1985–2015) The State’s Rights Challenged (1985–2015)
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Conclusion Conclusion
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Four Democratic Rights and the Limits of Eminent Domain
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Published:January 2022
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Abstract
Though economists often emphasize the importance of secure property rights, they can create challenges for industrialization. A proposed railroad may run through the property of many people, any one of whom can hold up the project by refusing to sell the land. A tribal community may occupy and even revere land under which lie buried minerals needed by industry. These challenges emerged during India’s colonial period itself. The British Raj dealt with them by giving itself enormous power via legislation on Eminent Domain, allowing it to compulsorily acquire land for a public purpose. It also claimed ownership over huge swathes of forest land, undercutting the rights of local communities. Independent India initially adopted the same policies. However, when the pace of industrialization picked up, these matters became more controversial. The losers in these processes protested vigorously, supported by middle-class activists. They also appealed to courts, which now permitted Public Interest Litigation. Eventually, the law pertaining to Eminent domain was amended and new legislation recognized the rights of individuals and communities to forests. But controversy continues. The chapter describes the difficult task of balancing competing interests.
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