Public Trust Doctrine, Eminent Domain And Land Acquisition: An Indian Experience
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Public Trust Doctrine, Eminent Domain and Land Acquisition: An Indian Experience
“There is nothing which so generally strikes the imagination, and engages the affections of mankind, as the right of property.”
-BLACKSTONE
I. Introduction: Right to Property- A Jurisprudential Approach
The Concept of Property has been very ancient as well as very important. It holds a premier place in our constitution and as well as in the society, in which we live. The concept of property is very wide and has splurged its branch in almost every aspect i.e. political, economic, legal, social etc. The notion of property has evolved over a period of time and today in times of globalization and dynamic economic relations between the developed and the developing …show more content…
Under the provisions of the LAA, the concept of eminent domain was present, the act stated that the government can acquire the private land only for the „public purpose‟ and that „compensation‟ has to be paid to the original owner. The term eminent domain has been defined from the Latin term dominium eminens which means supreme lordship. It is believed that the Dutch scientist Hugo Grotius propounded the concept of the eminent domain. He stated that even the Magna Carta discussed the concept of the eminent dominant and …show more content…
The Indian government started its land reformation during the late 18th century. There were many reason for it and the mainly being the failure and the suffering caused by the Zamindari System. The Indian government started using the eminent domain to redistribute the land system. Government exported the land from private Zamindari land and would give it to the Indian farmers. Many state governments introduced their respective state laws which abolished the Zamindari system and introduced new set of land laws17. These newly made laws quashed all the claims of the Zamindars, and hence the community of the Zamindars reached the newly established Supreme Court, which justified the eminent domain practice carried by the government and hence abolishing the Zamindari
Public Trust Doctrine, Eminent Domain and Land Acquisition: An Indian Experience
“There is nothing which so generally strikes the imagination, and engages the affections of mankind, as the right of property.”
-BLACKSTONE
I. Introduction: Right to Property- A Jurisprudential Approach
The Concept of Property has been very ancient as well as very important. It holds a premier place in our constitution and as well as in the society, in which we live. The concept of property is very wide and has splurged its branch in almost every aspect i.e. political, economic, legal, social etc. The notion of property has evolved over a period of time and today in times of globalization and dynamic economic relations between the developed and the developing …show more content…
Under the provisions of the LAA, the concept of eminent domain was present, the act stated that the government can acquire the private land only for the „public purpose‟ and that „compensation‟ has to be paid to the original owner. The term eminent domain has been defined from the Latin term dominium eminens which means supreme lordship. It is believed that the Dutch scientist Hugo Grotius propounded the concept of the eminent domain. He stated that even the Magna Carta discussed the concept of the eminent dominant and …show more content…
The Indian government started its land reformation during the late 18th century. There were many reason for it and the mainly being the failure and the suffering caused by the Zamindari System. The Indian government started using the eminent domain to redistribute the land system. Government exported the land from private Zamindari land and would give it to the Indian farmers. Many state governments introduced their respective state laws which abolished the Zamindari system and introduced new set of land laws17. These newly made laws quashed all the claims of the Zamindars, and hence the community of the Zamindars reached the newly established Supreme Court, which justified the eminent domain practice carried by the government and hence abolishing the Zamindari