Govt can acquire land for public use: SC Herald - 8 Sept 2008
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 tot he 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. "Taking the facts in their entirely, we are of the view that the action of the State initiating acquisition proceedings for establishing and developing infrastructure project cannot be held contrary to law or objectionable," the apex court said while dismissing a batch of petitions filed by the aggrieved land owners. The land owners have filed the appeal in Supreme Court after the State High Court has rejected their plea challenging the acquisition of their land. COMMENTS We are sorry to say that this judgment is in bad taste in the absence of the apex court not putting down criterias for such land acquisitions. This judgment sets an over all bad precedent by giving a 'carte blanche' for vote-bank governments to do what they want at the expense of the private lands to please its vote banks. This judgment could be okay for a specific instance where the government has a valid reason for acquiring the lands. But this will be fatal if governments are given the liberty to acquire lands left right and centre in the name of public purpose. Let us give an example of what has actually happened (a small instance) right here in Goa, in Aldona, to be specific. The Local MLA (Dayanand Narvekar), in order to give a road access to a couple of houses of his voters, has made a road in the middle of a private property admeasuring 850 sq. meters without even bothering to find out who the owner is. As a matter of fact the owner didn't even know that a full fledged road has been cut into his property, forget about being compensated. With this judgment, the likes of Narvekars will have a field day destroying private (opponent) properties citing public purpose. The Apex court will have to review its judgment and set certain very important criterias for land acquisition. These criterias must be such that petty politicians and petty governments are prevented from playing havoc with private property owners for their petty gains. floriano goasuraj
