Property Rights VIS-A-VIS Eminent Domain: A Constitutional Perspective

  • Ms. Legha Mamta Ranjitsingh

Abstract

This paper tries to explain the concept and origin of the doctrine of eminent domain. Moreover, it tries to focus on the constitutionality of eminent domain and its relation with property rights during the British Regime and the effects of such system on the kings or the rulers of the property holders. Land or property is the dominant factor of development of the economy, formation of the capital as well as it leads to the overall GDP growth. Holding Property was considered to be a fundamental right since the commencement of our supreme law of the land, that is, Constitution of India and since then has assumed an important role in the Indian society and is one of the most controversial aspects as well. Acquisition of secluded land by the government for public use and providing compensation for the same is based on the principle of equal distribution of resources so as to subserve the welfare of the people as a whole.

Published
2019-11-01
Section
Articles