ABSTRACT
Compulsory land acquisition constituted a key mechanism through which the State secured land for infrastructural, economic, and development projects considered essential for public welfare. The process raised significant constitutional, economic, and social justice challenges, particularly concerning the protection of individual property rights, the adequacy and fairness of compensation, and the procedural safeguards available to affected persons. In Tanzania, the legal framework governing compulsory land acquisition, including the Land Acquisition Act, the Land Act, and the Village Land Act, granted the State broad powers to acquire land for purposes defined as public interest. Despite these provisions, gaps persisted in defining public interest, establishing clear procedural safeguards, standardizing valuation methods, and ensuring livelihood restoration, which often led to disputes and resistance from communities. This study employed a comparative legal analysis to evaluate Tanzania’s framework against India’s reforms under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act of 2013, which introduced participatory, transparent, and livelihood-protective measures. The findings indicated that statutory clarification of public purpose, mandatory social impact assessments, community consultation procedures, compensation models that included more than land value, and legally enforceable rehabilitation guarantees were critical to enhancing fairness and legitimacy. The study concluded that adopting such measures in Tanzania would improve social acceptance of compulsory land acquisition and align the process with constitutional and human rights standard.
Keywords: Compulsory land acquisition; Public interest; Property rights; Fair compensation; Customary tenure; Land governance; Livelihood restoration; Human rights.