property: "We think it (the provision
proposed) should secure that legislation expropriating or
authorising the expropriation of the property of private
individuals should ... secure fulfilment of two conditions subject to
which alone legislation authorising expropriation of private
property should be lawful, and it seems reasonable to con-
clude
acquired or full indemnification to the
owner of the mines and minerals expropriated. It must not be arbitrary and
unjust. The quantification or principles ... Article 31 as just
equivalent or indemnification for the property expropriated which led to
the Constitution 4th Amendment Act, 1955 suitably amending Article
compensation the
Legislature has adopted the basis of market value of land
expropriated, but the land is valued not on the date ... provided by the Act in satisfaction of the
claim to land statutorily expropriated based on the market
value of the land at the date
Section 37 in Indian Forest Act, 1927
37. Expropriation of forests in certain cases.
(1) In any case under this Chapter in which the [State
para. 369 of their Report that two conditions should be imposed on expropriation of private property : "We think it (the provision proposed) should secure ... that legislation expropriating or authorising the expropriation of the property of private individuals should be lawful only if confined to expropriation for public purpose
acqusition, the loss being equated to the market value of the land expropriated. It may be observed that even under the Land Acquisition Act , before ... compensation which is less than the market value at the date of expropriation is not inconsistent with section 299 of the Government of India
quite clear that there is no question of any
expropriation without compensation so far as this Constitution is concerned.
If property is required for public ... said in his opening speech that there is no question of expropriation
without compensation. I take my stand on that principle which we accepted
located and by whomsoever held, shall be immune from search, requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative, judicial
held that the compensation would mean a just equivalent of what the expropriated owner had been deprived of. Further, the question of adequacy was also ... right to compensation i.e. equivalent in money of the property expropriated. The Supreme Court proceeded to interpret the concept of compensation provided under Article
compensation was payable. It was therefore argued that there was total expropriation of the minerals without payment of any compensation. It was further contended that ... what the Legislature justly regards as proper
and fair recompense for compulsory expropriation of property and not something which by abuse of legislative power though
