other decisions. Learned counsel
submitted that the concept of eminent domain has to
be read into Article 300A , which is an over-arching
principle. Learned ... arguments of Shri Andhyarujina
and submitted that the concept of eminent domain be
read into Article 300A of the Constitution and the
impugned
might have had a commitment. What then is the purpose of
eminent domain? Eminent domain, as we consider and as it is settled ... owners of the lands by use of the
power of the eminent domain which is to be used for an avowedly
public purpose
interpretatively or otherwise, to the pre-constitutional
amendments. The right to eminent domain would
operate on a different sphere, interpretation and
effect, pre and post ... relation to acquisition of land by the exercise of power of
eminent domain vested in the State. Firstly, such acquisition
interpretatively or otherwise, to the pre-constitutional
amendments. The right to eminent domain would
operate on a different sphere, interpretation and
effect, pre and post ... relation to acquisition of land by the exercise of power of
eminent domain vested in the State. Firstly, such acquisition
acquisition
proceedings under the Act, are based on the principal of
eminent domain and the only protection given to the
person whose land is sought
power to take property is
considered inherent through its eminent domain powers
as a sovereign. Through the condemnation proceedings,
the government obtains the necessary interest
M/S. Girnar Traders vs State Of Maharashtra & Ors on 11 January, 2011
Equivalent
Acquisition of land is an act falling in the purview of
eminent domain of the State. It essentially relates to the
concept of compulsory acquisition
different cases, the following principles can be
culled out:
(i) Eminent domain is a right inherent in every
sovereign to take and appropriate property
belonging ... Though, in exercise of the power of eminent
domain, the Government can acquire the private
property for public purpose, it must be
remembered that compulsory
thereto. The powers under the KIAD Act
represent the powers of eminent domain
vested in the State, which may need to be
exercised even
