taken or injuriously affected by the exercise of the power of eminent domain; Compensation is amends for something which was taken without the owner ... claimant is entitled." Under the exercise of the power of eminent domain, the State is entitled to the exercise of eminent domain only
well summed up by Mr. Nichols in his treatise on Eminent Domain, third edition, volume 4, at page 53 in the following terms:
"When ... parcel of land is taken by eminent domain, the price which the owner paid for it when he acquired it is one of the most
various departments. The State in exercise of its power of eminent domain and having compulsorily taken over the landed property of the citizens cannot ignore ... long standing and observed:
"Exercise of the right of eminent domain is not in dispute. Petitioners have assumed themselves to be representatives of that
imposes certain restrictions on the exercise of the power of eminent domain. That Article does not confer this power on the Government but it contains ... imposes certain limitations on the exercise of the power of eminent domain on the State and a further restriction of the same nature is contained
understood in the context in which the sovereign power of eminent domain is exercised by the State and property expropriated........Article 300-A get attracted ... inherent in every sovereign State by exercising its power of eminent domain to expropriate property without owner's consent...."
In other words, Article
more, despite insertion of Article 300-A , the doctrine of 'eminent domain' still subsists, In Jeelubhai Nanbhai Khachar v. State of Gujarat ... understood in the context in which the sovereign power of eminent domain is exercised by the State and expropriated the property. No abstract principles could
given case, it is shown that the exercise of eminent domain power is nothing short of colourable exercise of power. That is neither the pleading ... State is armed with necessary power which is called 'eminent domain' power to acquire the lands for public purpose compulsorily, that
Acts places any restriction on the State's power of eminent domain to acquire agricultural land for being used for non-agricultural purposes. That ... provisions of the 2006 Act. Therefore, the power of the eminent domain inhered in the State is in no way curtailed, controlled or limited
limited. The State while acquiring lands can exercise its power of eminent domain. Solatium is paid only in terms of the provisions of the Land ... without payment of compensation if the State exercises its power of eminent domain, but, it is another thing to say that they would be entitled
given case, it is shown that the exercise of eminent domain power is nothing short of colourable exercise of power.
12. The law may, therefore ... State acquires the private land in exercise of its power of eminent domain for providing house sites/ houses to persons belonging to Weaker Sections, Scheduled
