Limits of the Doctrine of ‘Eminent Domain’ Further, it is stated that no property can be taken unless the law sanctions that the seizure contains a specific provision for the payment of the compensation as stated in the clause. Article 31 (2) of the constitution of India states that the acquisition of private property must be for a public purpose. When the public purpose is in question, which can only be served by a specific piece of land that has no substitute, the use of the power of the eminent domain is substantiated. Under the Indian Constitution, in entry 42, list III, 7th schedule, both the union and state government are authorized to enact laws that are related to the acquisition of property. It has emerged from the constitution of India, the power of the state to take the private property for the use of the public and the subsequent right of the owner to get compensated. The term ‘eminent domain’ means the permanent command of the state on the property. After the Independence, the Supreme Court was indicted by judging the constitutionality of some laws which were envisioned to abolish the primitive zamindari system. The constitution of India identifies the doctrine of eminent domain. Constitutional reference of the Doctrine of ‘Eminent Domain’ The subsidiary limitation of this power is that the property shall not be taken without giving the compensation. The inherent power given to the sovereign to acquire the property of an individual without the necessity of his consent for public use is known as eminent domain.
Necessita Public Major Est Quan – the necessity of public is always greater than the private necessity.Salus Populi Supreme Lex Esto – the welfare of the people in the dominant law.The Doctrine of Eminent Domain is constructed on two maxims, which are: The doctrine of ‘Eminent domain’ generally means that the sovereign power of the king or the government under which property of any person can be inherited in the interest of the general public.Įminent Domain is described as the power given to the king or the government to take over the private property of a person whenever it is needed for a public purpose. As such, the right of ownership will always linger with the king or with the elected government, although the land is assigned to the individual citizens for agricultural or other various purposes by the king or by the government as the case may be. The prime proprietor of land is the King or in the current times the elected Government which is in power.
0 kommentar(er)
