decided the question as to whether the concept of eminent
domain has to be read into Article 300-A of the Constitution of
India ... Article 226 of the
Constitution."
14. In the case of eminent domain, two tests are required
to be satisfied, viz. - (i) the acquisition
Supreme Court
to be fraud on power of eminent domain of State and that in the present case,
the 5th respondent SIDCO, having admitted transfer ... that the impugned acquisition is
nothing but fraud on power of eminent domain. This order was never
challenged in appeal and has become final. Similar
Sayyed Ratanbhai Sayeed (D)Th. Lrs & Ors vs Shirdi Nagar Panchayaat & Anr on
condition precedent for the exercise of eminent domain power by the state
government for acquisition of lands for the purpose of the housing scheme ... impugned notifications by the State
Government in exercise of its eminent domain power at the instance of a
middleman amounts to a mala fide exercise
16791/2014 JUDGMENT
fetter upon the power of eminent domain. By
enacting Section 127 the legislature has struck
a balance between the competing claims ... land, the State is not denuded of
its power of eminent domain under the general law,
namely, the Land Acquisition Act in the event
fetter upon the
power of eminent domain. By enacting Section
127 the legislature has struck a balance
between the competing claims of the interests ... land, the State is not
denuded of its power of eminent domain under the
general law, namely, the Land Acquisition Act in the
event
Sayyed Ratanbhai Sayeed (D)Th. Lrs vs Shirdi Nagar Panchayaat on 22 February, 2016
Author
fetter upon the
power of eminent domain. By enacting Section
127 the legislature has struck a balance
between the competing claims of the interests ... land, the State is not
denuded of its power of eminent domain under the
general law, namely, the Land Acquisition Act in the
event
condition
precedent for the exercise of eminent domain
power by the state government for acquisition of
lands for the purpose of the housing scheme
16791/2014 JUDGMENT
fetter upon the power of eminent domain. By
enacting Section 127 the legislature has struck
a balance between the competing claims ... land, the State is not denuded of
its power of eminent domain under the general law,
namely, the Land Acquisition Act in the event
