DOCTRINE OF EMINENT DOMAIN AND LAND ACQUISITION LAW:JUDICIAL APPROACH

Introduction:
Eminent Domain is an attribute of sovereignty and essential to the sovereign Government. The
power of eminent domain, being inherent in the Government, is exercisable in the public interest,
general welfare and for public purpose. The sovereign is entitled to reassert its dominion over any
portion of the soil of the State, including private property without its owner’s consent provided that
such assertion is on account of public exigency and for public good.1
The power of the Sovereign to take private property for public use (called in America eminent
domain – an expression believed to have been used by Grotius) and the consequent rights of owner
to compensation are well established. In justification of power, two maxims are often cited: salus
populist suprema lex (regard for the public welfare is the highest law) and necessitas publica majar
est quam private (public necessity is greater than private necessity). A critical examination of the
various stages of evolution of this power and its ethical basis will serve no useful purpose as the
power has become firmly established in all civilized countries2.