Evolution of Eminent Domain in India

  • Pulkit Taneja
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  • Pulkit Taneja

    Student at The WB National University of Juridical Sciences, Kolkata, India

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Abstract

Land ownership entails a certain amount of risk in most developing countries. The Government of any country is entrusted to work towards public interests and to achieve this goal, and is an essential resource. Eminent domain is a legal right usually exercised by the State to acquire property. This right of the state is sometimes contended to be immoral/illegal, many cases have been recorded where the state was alleged of not providing fair and adequate compensation. There must be an economic and a social balance drawn between industrialisation and land usage as a fundamental resource for a human. Development via industrialisation and urbanisation requires land resources. However, the State must also account for a fair acquisition of land involving consent and fair compensation principles.

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Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 3, Page 5212 - 5220

DOI: https://doij.org/10.10000/IJLMH.111087

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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