A Study On Eminent Domain In Indian Juridical Perspective

Meenatchi Priyatharshini R, BA. LLB. (Hons.), School of Excellence in Law, Tamil Nadu Dr. Ambedkar Law University, Chennai

Pavithran S, BA. LLB. (Hons.), School of Excellence in Law, Tamil Nadu Dr. Ambedkar Law University, Chennai

ABSTRACT

The American theory of eminent domain grants the sovereign the authority to take property from private individuals. Taking private property away from its owner for public use is a sovereign authority. Although it is not specifically specified in the Constitution, a state's sovereign has the inherent right to take private property without the owner's agreement. The eminent domain grants the authority to seize private property without an agreement in order to advance the public good. However, because it imposes a subsequent responsibility on the sovereign, it is not an unqualified right of the latter. After the Coelho case, the use of eminent domain was strengthened since it was believed that for the interest of the public, governmental bodies should adhere to the social welfare concept. The article describes in brief the doctrine of Eminent Domain according to the Indian Constitution which has its scope evolved over a period.

Keywords: Eminent Domain, Article 31, Acquisition of land, Agrarian reforms