acquisition of land is in the nature of a
power of eminent domain which the State is entitled to exercise
keeping in view the larger ... from the 1894 Act. This Court has
explained the doctrine of eminent domain in series of cases. Eminent domain
is the right or power
fetter upon the power of eminent domain. By enacting Section
127 the legislature has struck a balance between the competing claims of
the interests
alone. Such functions may include
legislative functions, the administration of law, eminent domain,
maintenance of law and order, internal and external security, grant of
pardon ... action. The law may
bestow upon such organization, the power of eminent domain. The State
in this context, may be granted tax exemption, or given
tantamounts to colourable
exercise of power. The State in exercise of eminent domain
acquires the land. Thus, before completing the acquisition
proceedings, it should
State of Rajasthan had acquired the land in exercise of its
eminent domain and transferred the same to the appellant-RIICO after
receiving the consideration
proceedings under the LA Act are
based on the principle of eminent domain and Section 5-A is the only
protection available to a person
fetter upon the power of eminent domain. By
enacting Section 127 the legislature has struck a balance between the
competing claims of the interests
distinction, a ?true and concrete distinction,
between the principle of "eminent domain" and "police power" of
the State. Under certain circumstances
Rajendra Nagar Adarsh Grah Nirman ... vs State Of Rajasthan & Ors on 1 July, 2013
land owned by its subjects
hails from the right of eminent domain vesting in the State
which is essentially an attribute of sovereign power ... land for it is futile to exercise the
power of eminent domain for acquiring rights in the land, which
already vests in the State
