List III, entry
42 --Construction--Spirit of the Constitution-Right of
eminent domain--"Law", "Legislature", "Public purpose",
meanings ... subject-matter for acquisition under the powers of eminent
domain, without giving anything in exchange, under the guise
of acting under entry 42 the legislature
properties. In other words, according to the
appellants, power of `eminent domain' has no
application to such cases. The provisions of
the Act must ... paid by APIIC and
acquisition was under power of `eminent
domain'. Acquisition is not for foreign company
or private party and the High Court
dealt with the
topic of 'eminent domain', the expressions 'taken possession of or
'acquired' according to Clause (2) have ... clause (2) have the same meaning
delimting the field of eminent domain, namely, compulsory acquisition of
the property and given protection to private owners against
with the other
amely. Article 31 deals with the field of eminent domain
and the whole boundary of that field is demarcated by this
Article ... expropriation by way of the
exercise of the power of eminent domain and as the law has
not provided for any compensation it must
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
basic
structure of the Constitution-State's power of "eminent
domain", and conditions precedent to exercise of that power,
explained.
H. Constitution ... property for private purposes is in breach of
the doctrine of eminent domain and since it flagrantly
violates Article 31(1) is ultra vires
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
Maharao Sahib Shri Bhim Singhji Ors. vs Union Of India (Uoi) And Ors. on 13
power of compulsory acquisition is described by
the term "eminent domain". This term seems to have
been originated in 1525 by Hugo Grotius ... follows :
"The property of subjects is under the eminent
domain of the State, so that the State or he
who acts
Court held that on the
true principles of compulsory acquisition or eminent domain,
it was difficult to hold that on compulsory delivery by
growers ... scheme contemplated under the Act was not an
exercise of eminent domain power. The Act was to regulate
the development of coffee industry
