You as an owner, or currently the governing party that is in office, are the primary landowner. As a result, even when the land is given to individual people, the owner or the governing party will always have the right to own the property. But first, you must understand the eminent domain meaning.
Consult NoBroker to register the property to your name with ease.Meaning of eminent domain in India:
The ability of the central or state authorities to acquire property for public use is known as eminent domain. State and central authorities buy property for public use. Governments either use the land they have taken from private parties or organisations. They can also transfer it to other organisations to be used for public purposes. These plots of land are typically utilised for infrastructure projects like roads, railways, highways, airports, and rail tracks.
What is the right of eminent domain?
Eminent domain refers to the idea that governments have almost total control over all the land within their jurisdiction. Therefore, the idea of eminent domain is questionable everywhere in the world. Eminent domain is not practised in India. Alternatively, the term "compulsory acquisition" is used. All Indian citizens are given the freedom to purchase, possess, and transfer property under the actual Indian constitution. This is a right that all Indian citizens enjoy, as per the original version of the Indian constitution, unless they are legally prevented from exercising it.
Limitations of the Eminent Domain Concept:
The three fundamental terms that the court used to define the "eminent domain" theory are:
Any property can be taken away
It can be taken without the owner's permission
It should only be done so for benefit of the public
Supreme Court’s Judgement on Eminent Domain:
The Supreme Court of India controls the government's use of section 17 of the Land Acquisition Act, 1894. The Supreme Court of India frequently defends the rights of local citizens and disproves some of the government's acquiring actions. These judgements, along with massive protests across India, put an end to land acquisition. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, is the current law in India that governs forced purchase.
Now you must have understood the eminent domain meaning clearly.
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What is the right of eminent domain?
John
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2022-06-23T14:32:20+00:00 2022-06-23T14:32:22+00:00Comment
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