Evolution of Eminent Domain with Respect to Land Laws: A Descriptive Study

  • Ms. Legha Mamta Ranjitsingh

Abstract

This paper is in reference to the topic of Eminent Domain which deals with the power of the sovereign to acquire privately owned property for use of public by giving a satisfactory compensation to the holders. It facilitates the construction of necessary infrastructure like roads, highways and public buildings. 'Public use' is not only confined to a healthy and clean environment but also includes beautification; in short, welfare of public is the desired outcome.It is understood right of the people or the government to take private property for public use. Property rights have determined a lot of aspects since time immemorial. According to Locke, obtaining and owning property is an intrinsic and natural right of a person. Property is an essential element in developing economy, circulating funds in the economy and GDP growth etc. Its importance dates back to the British regime which saw the need to acknowledge a more detailed law to deal with land acquisitions and principle of Eminent Domain. Right to property as a fundamental right was incorporated with the commencement of the Indian Constitution. Since then, the Constitutionality of this doctrine has also seen many onsets.

Published
2019-11-01
Section
Articles