DOCTRINE OF EMINENT DOMAIN AND RESTRICTIONS ON THE POWER OF GOVERNMENT TO TAKE PRIVATE PROPERTY
Keywords:
Appropriation, Compensation, Compulsory acquisition, Eminent domain, Public purposeAbstract
Eminent domain is the power of the government to take private property when it is needed for a public purpose. Such power is an incident of sovereignty. It is an offspring of political necessity. It is often necessary for the proper performance of governmental functions to take private property for public use. If public purpose can be satisfied by not rendering common man homeless and by exploring other avenues of acquisition, the Courts, before sanctioning an acquisition, must in exercise of its power of judicial review, focus its attention on the concept of social and economic justice. While examining these questions of public importance, the Courts, especially the Higher Courts, cannot afford to act as mere umpires.
References
1. 1964 1 SCR 37.
2. 348 U.S. 26 (1954).
3. (1934) F.C.R. 72.
4. AIR 1951 Pat. 91.
5. AIR 1954 SC 92.
6. AIR 1954 SC 170.
7. AIR 1951 Pat. 91
8. AIR 1967 Sc 1643
9. AIR 1973 Sc 1461
10. Seervai the Emergency Future Safeguards in the Habeas Corpees case. A criticism pp 150, 151.
11. AIR 1982 Sc 32
12. T. Vijayalakshmi V. Town Planning Members, (2006) Sec 502
13. Jilubhai Nanbhai K achar V. State of Gujarat AIR 1955, Sc 142.
14. Public Purpose has been defined to be Land Acquisition Act as under:
15. “Section 3 (f) : The expression” “Public purpose includes”
16. The provision of village sites or the extension, planned development or improvement of existing village sites: a. The provision of land for town or rural planning: b. The Provision of land from public funds in pursuance of any scheme or policy of Government and subsequent disposal thereof in whole or in part in lease, assignment or outright sale worth the object of securing further development as planned. c. The provision of land for a corporation owned or controlled by the State. d. The provision of land for residential purposes to the poor or landless or to persons residing in areas affe cted by natural calamities, or to persons displaced to affect by reason of the implementation of any scheme undertaken by Government NJREL (2020) 16–30 © Law Journals 2020. All Rights Reserved Page 30 any local authority or a corporation owned or controlled by the State. e. The provision of land for carrying out any educational, housing health or slum clearance scheme sponsored by Government, or by any Authority established by Government or by any authority established by Government for carrying out any such scheme or with the prior approval of the appropriate Government, by a local authority of a society registered under the Societies Registration Act. 1960 (21 of 1980) or under any corresponding law for the time being in force in a State or a co -operative society within the meaning of any law relating operative societies for the time being in force in any State. f. The provision of land for any other scheme of development sponsored by Government or, with the prior approval of the appropriate Government by a local authorities. g. The provision of any premises building for locating a public office h. But does not include acquisition of land for companies
17. AIR 1952 SC 252.
18. AIR 1956 SC 18.
19. 1955 1 SCR 777.
20. 1955 2 SCR 867.
21. 1966 8 SCR 885.
22. 1997, 3 SCC 193.
23. 1996, 10 SCC 150.
24. AIR 1973 SC 1461 Cite this Article N Krishna Kumar . Doctrine of Eminent Domain and Restrictions on the Power of Government to take Private Property . 2020; 3(1): 1 6–30p.
