By NNN-PTI,
New Delhi : Amidst the debate over acquisition of agricultural lands for industrial units or special economic zones (SEZs), the Supreme Court has held that the Government as a “sovereign power can acquire land for public purpose.
” The “public purpose” could include “industrial and other infrastructural developmental needs for the common good of the citizens,” a two-judge Bench of Justices C K Thakker and D K Jain said.
The Bench upheld the acquisition of vast tracts of agricultural and other lands by Andhra Pradesh Government in Ranga Reddy district adjoining Hyderabad city.
Upholding the acquisition, the apex court said the State being a sovereign power under the doctrine of “Eminent Domain” as provided under the 1894 Land Acquisition has inherent rights to acquire land by paying suitable compensation to those displaced.
“Eminent domain” may be defined as the right or power of a sovereign state to take private property for public use without the owner’s consent upon the payment of just compensation.
According to the apex court “Eminent domain” is thus inherent power of a governmental entity to take privately owned property, especially land, and convert it to public use, subject to reasonable compensation for taking the lands.
“It means nothing more or less than an inherent political right, founded on a common necessity and interest of appropriating the property of individual members of the community to the great necessities and common good of the whole society,” the apex court observed.