Eminent Domain

Question 1

Broad framework for eminent domain

Answer 1

Rt of govt to expropriate pvt property for public use

1. Defn
2. Principle (welfare- ultimate law, pvt necessity)
3. Jurisprudence of all civilised nation- public neccisity and compensation- Kalyani vs sultan batherry 2022
4. Art 21 and ed- not violative

3 cases

1. KT plantation vs state of karnataka
2. Kedarnath yadav vs UOI
3. Sooraram reddy vs collector

Concln - Sukh Dutt vs state

Question 2

KT plantation Ltd vs state of karnataka

Answer 2

Rule depriving land should be just, fair and reasonable

Paid on a reasonable basis

Question 3

Kedarnath yadav vs UOI

Answer 3

Welfare of people has to be holistically seen. Mere addition of some jobs due to industrialization cannot be held to be public purpose

Question 4

Sooraram reddy vs collector

Answer 4

Judicial review
Malafide
Pvt purpose
Non compliance with LARR act

Question 5

8 points under chronolgy

Answer 5

1. Bela banerjee case - just
2. 4th caa- any, adequacy non justicable

Now comes block 3,4,5

3. Vajravelu case - JUST EQUIVALENT, justicable
4. Shantilal mangal case - need not be just
5. Madhav rao schindia case and RC Cooper case - JUST

now come 2 amendment and KBC

6. 24th CAA
   compensation replaced by amount
   Non justicable
7. KBC
   amount - reasonably related to market value
   Non justicable, but if principles arbitary/illusionary
8. 44th CAA- 31 and 19 (1) (f)
   300 A

Question 6

3,4,5

Answer 6

Vajravelu case

Shantilal mangal

Madhavrao scindia