Sarren Muhil K S, BBA LLB(Hons), Reva University
ABSTRACT
In India, every individual holds either movable or immovable property, where an individual holding title over the immovable property (i.e., land) has a constitutional right over the said property. Such land is a natural resource and the person holding the land has the right to property which gives complete rights over the property from title, possession and alienation to the third party. As per the right to private property, the authority or government officials can only acquire land merely on the basis or need for public use and by compensating the original owner. In such circumstances, the owner of the property shall transfer the rights over the property to the government or entities controlled by public authority and such act shall not deprive the right to property under doctrine of eminent domain. The present law on land acquisition deals with extensive rules and regulations on acquisition and the judiciary plays a vital role exclusively in the misuse of eminent domain and public purpose.
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