Land Acquisition and Eminent Domain

The origin of the power of the State to take property for public use can be traced back to the olden days. It is an inherent power. An incident to this power is that property shall not be taken for public purpose without just compensation. It is said that right to enjoy private property comes within the purview of personal liberty and the requirement here is that property shall not be taken for public use without just compensation. It is a great principle established by common law for the protection of the private property. It is founded in natural equity and is laid down as a principle of universal law. In Central Control Board v. Cannon Bre way Co. Ltd Lord Atkinson observed that the power to take compulsorily raises by implication a right to payment. The power of compulsory acquisition is described by the term eminent domain.